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(영문) 대전지방법원 홍성지원 2018.08.09 2017가합206
공사대금 및 소유권이전등기말소청구
Text

1. Defendant B’s KRW 307,321,447 as well as 5% per annum from March 8, 2017 to August 9, 2018.

Reasons

1. Determination as to the claim against the defendant B

A. 1) On June 25, 2013, the Plaintiff: (a) between Defendant B and the Plaintiff; and (b) between the Plaintiff and the Plaintiff, the land indicated in attached Table 1 List 1, owned by the Defendant B (hereinafter “instant land”).

(2) The building indicated in Paragraph (2) of the same list (hereinafter referred to as the “instant building”).

) A contract was concluded for the supply of construction cost of KRW 425 million (excluding value-added tax) for the new construction work (hereinafter “instant construction contract”).

(2) On January 22, 2014, the Plaintiff and Defendant B agreed to pay KRW 130 million out of the construction cost upon completion of the structural construction, with the remainder of KRW 295 million after completion of construction. (2) The Plaintiff completed the instant building on January 22, 2014, and obtained approval for the use of the instant building from the competent authorities.

Defendant B completed the registration of initial ownership of the instant building on February 20, 2014, and obtained money by completing the registration of initial ownership registration with respect to the said building, and being loaned money with respect to the said land, building, etc. registered as a collateral of KRW 338,00,000 with respect to the establishment of a new maximum debt amount in respect of the instant land, building, etc. to the Seongdong Credit Union (hereinafter “Spool Credit Union”) on the same day.

3) Defendant B paid only KRW 130 million out of the construction cost to the Plaintiff, and refused to pay the remainder KRW 295 million on the ground that there is a defect in the building in the construction of a septic tank, the defect in the installation of a drainage channel, the defect in the installation of a boiler, the defect in external walls, the defect not properly circulated by the boiler, the gold of the rooftop floor, the defect in the operation of visual alarm devices, the defect in the rain of rain, the water leakage in the ceiling on the date of the raining, the defect in the wall string, the defect in the installation of other materials in the water conditioning system, the defect in the water conditioning system, the defect in the water conditioning system, and the defect in the installation of other materials in the water conditioning system. The defect in the building of this case and the defect and the non-construction part of the building of this case are repaired.

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