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(영문) 수원지방법원 성남지원 2018.08.28 2014가합7267
공사대금 등
Text

1. Defendant B’s KRW 48,882,30, and as to the Plaintiff, KRW 5% per annum from November 13, 2015 to August 28, 2018.

Reasons

1. Basic facts

A. On December 11, 2008, the Plaintiff and Defendant B-owned land 1) agreed to jointly carry out forest development projects, and the Plaintiff and Defendant C jointly purchased D-owned forest 6,415 square meters, and E-miscellaneous land 196 square meters from the previous owners of Gwangju City on December 11, 2008. At that time, the Plaintiff completed the registration of ownership transfer as to the Plaintiff’s shares 1/2, and the remainder 1/2 of Defendant C’s spouse, respectively. 2) thereafter, on December 23, 2010, the said two lands were combined and became D-owned forest 6,611 square meters (hereinafter “D land before division”). Since the said two lands were divided into D-owned forest 4,662 square meters, F-miscellaneous land 30 square meters, G-miscellaneous land 1,619 square meters, and thereafter, the land category was changed to the said road category on February 10, 2014.

(hereinafter collectively referred to as "the instant land". B. The individual land is indicated only as a part of the route when the individual land is affixed, and it is called "the instant land".

The First Construction Work 1) The Plaintiff and Defendant C, in order to develop the instant land, most of which were forests and fields, as a camping site, etc., shall remove trees from January 2009 to October 2009 and conduct flat work (hereinafter “First Construction Work”).

(2) The first Corporation was completed on October 22, 2009, and the Plaintiff and Defendant C jointly completed the business registration on November 18, 2009.

3) On November 13, 2009, the Plaintiff and Defendant C leased the instant land to H Co., Ltd. with a deposit of KRW 40 million and KRW 3 million in rent. On December 22, 2010, the Plaintiff and Defendant C appears to have done a trade name after changing the said H Co., Ltd.

(C) Under the same condition, the Plaintiff leased the instant land by setting the lease term as 49 months, and distributed each one-half of the rent received, respectively. (C) From November 201 to May 2013, 2012, the Plaintiff: (a) made the instant part of the D’s land among D’s land before partition into flat; (b) made the instant part of the land into a road; and (c) carried out the construction of retaining walls, etc. on the boundary of the surrounding land (hereinafter “second construction”).

2. As seen earlier, D land before subdivision is as seen earlier: D, F, and G. on September 6, 2013.

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