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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 112,204,810 against the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from May 30, 2015 to April 26, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff’s position 1) The land category of the instant case was changed to the site on April 17, 2015, with respect to the Ulsan-gun, Ulsan-gun, Ulsan-gun, the land category of which was changed to the site (hereinafter “instant land”).
(2) Defendant B is the owner of the building. (2) Defendant B operates the building business under the trade name of Ulsan Nam-gu E, and F is the business registration under the name of Defendant C, an infant of Defendant B.
B. On November 15, 2014, the Plaintiff entered into a contract with Defendant B on the construction period from November 30, 2014 to January 30, 2015, and entered into a contract for the construction of the second floor building (hereinafter “instant building”) which is a neighborhood living facility on the instant land (hereinafter “instant new construction project”) with the Plaintiff at KRW 385,00,000 (including value-added tax; hereinafter the same shall apply) and started construction work around that time.
C. On November 6, 2014, the Plaintiff obtained a building permit with respect to the construction of the second floor [one story 388.6 square meters (one story 120 square meters) and two stories (one story 104.4 square meters)] on the instant land, and obtained approval for the use on April 13, 2015. (2) The Plaintiff obtained a building permit with respect to the extension of the second floor 284.2 square meters (one story 60 square meters and the left-hand side 30 square meters; hereinafter “extension”) on April 21, 2015, and obtained approval for the use on May 29, 2015.
C. The Plaintiff partially paid the construction price of KRW 298,00,000 to Defendant B through the Defendant C’s account.
The defect repair cost (original) Nos. 90,000 of the defective type 2,55,000 of the construction and defective 795,000 of the window frame 1 windows and the construction of defective 2,596,000 of the 2,596,000 of the 1st floor of the 2,596,000 of the 2,596,000 of the 4 landscaping site and the 50,492,000 of the 5th of the interference between the 90,000 and the 2,492,0005,000 of the 6th of the 205,000 of the 205,000 neighboring car center and the 251,000,000 of the 1st of the 1st floor of the parking lot.