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1. Of the instant lawsuit, KRW 43,822,192 against Defendant B and a copy of the instant complaint shall be served on the following day.
Reasons
1. Basic facts
A. Between E on October 22, 2010, D entered into a construction contract (hereinafter “instant construction contract”) with the content that D, among new construction works of four multi-households (one complex operation, Nadong, two complex operation, Nadong; hereinafter “instant multi-households”) with the fourth floor size on the ground of the 63,1750,000 construction cost, and the construction period from October 25, 201 to January 24, 201, it concluded a contract with each E for construction work (hereinafter “instant construction contract”).
B. E performed the framework construction of the instant multi-household housing pursuant to the instant construction contract through the Plaintiff.
C. Among them, as the Defendants renounced the instant construction work, between D and E on December 30, 2010, the Defendants succeeded to the status of D’s contractor under the instant construction contract. However, in relation to the payment of the construction cost, the Defendants concluded a contract for payment in kind with the amount of KRW 180 million,000,000,000,000 as at the time of removal of aggregate of the materials for peltory construction, and the remainder of KRW 4557,1750,000 (=630,1750,000 - 180,0000) as at the time of the removal of the materials for peltory construction, as at the time of the instant multi-household 2 complex, 202, 301, 401, 501 (the appraised value of each real estate shall be 855%).
The Defendants paid a total of KRW 180 million to the Plaintiff who actually performed the instant construction work on December 30, 2010 and January 26, 2011.
E. In addition, on May 17, 201, Defendant B drafted a sales contract (Evidence 4-1 and 2 of the Evidence A) stating that the first complex operation 102 for the instant multi-household housing was sold to the Plaintiff at KRW 140,000,000, and that on May 20, 2011, Defendant B sold each of the instant multi-household housing 1 complex operation KRW 150,000,000 to the Plaintiff.
The Plaintiff completed the registration of ownership transfer as the receipt No. 21697 on June 6, 201 with respect to the instant multi-household 1 complex operation 102, and G completed the registration of ownership transfer as to the instant multi-household 1 complex operation non-01.