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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On December 27, 2013, the Defendant completed the registration of ownership transfer based on sale with respect to the land of 456 square meters (hereinafter “instant land”).
B. Around July 2014, the Plaintiff, at its own expense, newly constructed a detached house (hereinafter “instant building”) on the instant land and sold it to a third party, and then concluded a contract with the Defendant stating that the Defendant is the price for the instant land, and that the remainder of the sales price is the name of the Plaintiff’s construction cost and the profit therefrom (hereinafter “instant contract”).
C. From the end of July 2014 pursuant to the instant contract, the Plaintiff completed the construction of the instant building from the end of April 2015, and completed the construction of the instant building on or around the end of April 7, 2015, and the Defendant completed the registration of ownership preservation on the instant building on May 7, 2015. The Plaintiff spent KRW 1,890,30 in total, including stamp dues of KRW 75,00, fire deduction charges of KRW 40,000, fire deduction charges of KRW 1,775,30 for certified judicial scriveners and KRW 1,890,30 in the process of registration.
The Defendant, on May 7, 2015, failed to settle the Plaintiff’s obligation for the construction cost incurred in the construction of the instant building, completed the registration of the establishment of a neighboring mortgage consisting of “the maximum bond amount of KRW 130 million, and the Defendant’s Defendant,” with respect to the instant land and buildings, received a loan of KRW 100 million from the Cheongan Saemaeul Community Fund as collateral, and paid the Plaintiff the construction cost of the instant building in the manner of paying the total of KRW 1322,00 in the O account from May 8, 2015 to July 29, 2015. The Defendant paid the construction cost of the instant building in subrogation of the Plaintiff as indicated below.
The title amount (won) 2015-05-07 Nyme 36,50,00,000 2015-05-05-07 E E 2015-05-05-07 Fyme No. 11,000 G Changho-201,000 2015-05-05-07 G Chang-201,000 2015-05-05-12 H 2,500-12 H 2,505-12,000 2015-05-21,000 5,650 total 750,000 I boiler 5,650,000.