(영문) 울산지방법원 2016.03.31 2014가합8246

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(영문) 울산지방법원 2016.03.31 2014가합8246

공사대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As to the building of three accommodation facilities (hereinafter “instant building”), which was owned by the Defendant, on August 31, 2012, the ownership transfer registration on the ground of sale in the name of Ulsan-gu C ground reinforced concrete structure (hereinafter “instant building”); on November 2, 2012, the ownership transfer registration on the ground of sale in the name of the Plaintiff on October 30, 2012; on December 29, 2013, the ownership transfer registration on the ground of sale in the name of the Plaintiff on November 2, 2012; on the ground of D’s name on November 29, 2013, the ownership transfer registration on the ground of sale in the name of the Defendant on November 29, 2013; and on December 11, 2014, the ownership transfer registration on the ground of sale in the name of E on November 17, 2014.

[Grounds for recognition] The fact that there is no dispute, Gap's evidence 3-2, the purport of whole pleading

2. The parties' assertion

A. On October 2012, the Plaintiff contracted to the Defendant for remodeling construction of the instant building and the contract was terminated in the middle of the commencement of construction work.

Therefore, the Defendant: (113,721,00 won (i) the construction cost of the Plaintiff’s construction cost of KRW 37,400,000 for creative construction cost of KRW 19,80,000 for the removal and waste disposal cost of KRW 32,021,00 for the removal and waste disposal cost of KRW 18,150,00 for the additional construction cost for the removal and waste disposal expenses of KRW 18,150,00 for the materials cost of KRW 18,150 for the removal and waste disposal expenses of KRW 18,350 for the lessee of the instant building acquired by the Plaintiff until the discontinuance of the construction; (ii) the Defendant’s obligation to return the lease deposit to the lessee of the instant building of KRW 228,00,000 for KRW 88,000 for KRW 0,000 for the Plaintiff’s KRW 300,000 for the construction cost of KRW 300,00 for the Defendant; (iii) the remainder of the construction work of this case 39437.4.

B. The Defendant did not conclude a remodeling contract on the instant building with the Plaintiff, and sold the building to the Plaintiff.

3. Determination.

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