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(영문) 전주지방법원군산지원 2019.01.10 2016가합11846
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, around 2014, is deemed to be the Plaintiff’s land at issue (hereinafter “instant land”) with C around 2014, as the 2,235 square meters in the following:

3) On the ground collective housing 16 households (hereinafter “instant collective housing”)

) New construction works (hereinafter “instant construction works”)

(1) A contract was awarded in the amount of KRW 1,625,00,000 for construction work (hereinafter “instant contract”).

(2) On May 22, 2014, C transferred the ownership of the instant land and the name of the owner of the instant construction project to E, and E succeeded to the status of the contractor of the instant contract.

3) The Plaintiff subcontracted the instant construction project to the Defendant with the construction cost of KRW 500,00,000. (b) Around March 23, 2015, the Plaintiff entered into an agreement with the Plaintiff to: “The Plaintiff entered into a new construction project with the ownership of the instant land and the owner of the instant construction project, complete the new construction project with the name of the owner of the instant construction, receive the construction cost as a loan for the new building, and then transfer the ownership of the instant land and new building to E.

Accordingly, the Plaintiff completed the registration of ownership transfer of the instant land on March 23, 2015, and continued the construction after being transferred the name of the owner of the instant construction project.

2. The Plaintiff completed the remaining construction on April 2015, 201, excluding only some remaining construction works, such as landscaping works, rooftop waste and waterproof works, installation of electric measuring instruments, disposal of waste from the first floor parking lot, etc. However, the Plaintiff failed to prepare necessary expenses for the completion of construction, such as the remaining construction expenses, and failed to undergo the approval for use or completion.

Accordingly, on May 15, 2015 and May 28, 2015, the Plaintiff, E, and the Defendant transferred the ownership of the instant land and the name of the owner of the instant construction to the Defendant, and the Defendant completed the completion procedure and completed each of the instant multi-family housing units to E.

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