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(영문) 춘천지방법원강릉지원 2019.11.26 2018나33135
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. Facts of recognition EF GDD

A. On August 20, 2014, the Defendant entered into a sales contract consisting of 17,500,000 square meters for the price of 990 square meters among 5554 square meters of forests and fields D in Gangseo-si (hereinafter “instant sales contract”), and agreed to the following special agreements:

B. After the instant sales contract was concluded in Gangseo-si, Gangnam-si, dividing H into 4559 square meters of H forests and fields on November 4, 2014, and with respect to H forests and fields in Gangnam-si, the registration of ownership transfer was completed to I on November 6, 2014, and with respect to shares 540/4559 on January 6, 2014, with respect to shares 540/4559, and the registration of ownership transfer was completed on January 20, 2015 under the Defendant’s name as to shares 825/4559 on January 20, 2015.

Since then, on May 1, 2015, H 459 square meters of the forest in Gangnam-si was converted into the registration of K 4490 square meters of the forest in Gangnam-si. On August 12, 2015, the forest was re-divided into 825 square meters of the forest in Gangnam-si and L 3665 square meters of the forest. The entire shares in C, I, and J pertaining to the forest in question were transferred to the Defendant on the ground of a partition of co-owned property on February 18, 2016, and the forest was solely owned by the Defendant around that time.

(hereinafter referred to as the “instant forest” with the size of 825 square meters in Gangnam-si, Gangnam-si, the Defendant’s sole possession of which is D.

C On April 6, 2016, the Plaintiff and C entered into an agreement on the assignment of claims with respect to KRW 10,976,00,00 to be received from the Defendant of the owner of the instant land, other than the instant forest, and notified the Defendant of the assignment of claims on December 13, 2018, and the Defendant received this time.

E. From March 31, 2015 to July 29, 2015, C entered into a construction machinery work contract with the Plaintiff at KRW 23,200,00 (excluding value-added tax 10%) in total, as shown below, and paid to N and M total of KRW 23,20,000 as equipment cost, as follows:

The price for the construction machinery operator's registration number of construction machinery shall be March 31, 2015.

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