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(영문) 수원지방법원 2018.07.05 2017나77350
공사대금
Text

1. Revocation of the first instance judgment.

2. All of the plaintiffs' claims against the defendant are dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Defendant was the owner of F, F, 638 square meters and H, 163 square meters (hereinafter “instant land”).

E received a request from G to construct a new multi-household house on the ground of the instant land (hereinafter “instant construction”) from G on February 2015, and performed the instant construction work until May 2015.

B. On May 13, 2015, with respect to the instant construction project, a contract agreement entered into between the project owner, the defendant, and the owner E (Evidence A 2; hereinafter referred to as the “instant contract agreement”) was entered into on May 13, 2015.

G paid 5 million won out of the construction price to E on May 14, 2015.

C. E died on July 12, 2015, and there is Plaintiff B and C, who is his spouse, as his inheritor.

On October 1, 2015, the Defendant completed the registration of ownership transfer for the instant land to G on September 30, 2015.

E. On December 28, 2015, G obtained construction completion approval for multi-family housing newly constructed on the ground of the instant land, and completed registration of initial ownership on January 5, 2016.

F. On October 24, 2016, the first instance court referred the instant case to the conciliation division of Suwon District Court 2016 money507, and rendered a decision in lieu of conciliation as follows. On November 15, 2016, the said decision became final and conclusive between the Plaintiffs and G.

G on November 30, 2016, paid 15 million won out of the construction price to Plaintiff A.

1. G and the defendant jointly and severally pay the Plaintiff KRW 15 million to the Plaintiff on November 30, 2016; KRW 10 million to the Plaintiff B on December 31, 2016; and KRW 10 million to the Plaintiff C on January 31, 2017, respectively; and where the payment is delayed, the unpaid amount shall be paid by adding the delay damages calculated at the rate of 15% per annum from the date following the date of payment to the date of full payment.

2. Where G and the Defendant pay the Plaintiff A KRW 15 million on November 30, 2016, Plaintiff B.

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