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(영문) 의정부지방법원고양지원 2013.10.11 2012가합3418
공사대금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 120,465,124 to the Plaintiff (Counterclaim Defendant) and its related amount from April 21, 2012 to October 11, 2013.

Reasons

1. The main text of the facts is to consider both a principal lawsuit and a counterclaim.

The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 2, Gap evidence 4, Eul evidence 11, evidence 24-2, 3, Eul evidence 25, Eul evidence 1-1 through 13, Eul evidence 4-2, Eul evidence 9, Eul evidence 11-1, 11-2, Eul evidence 16, Eul evidence 26, Eul evidence 33, and the whole purport of the pleadings in the testimony of Eul and D.

On March 201, the Plaintiff, a building business entity, entered into an agreement with the Defendant’s mother D (hereinafter referred to as “the Defendant’s side”) to jointly purchase a multi-family house (hereinafter referred to as “each of the instant land”) between the Defendant’s mother D (hereinafter referred to as “the Defendant’s side”) and the Defendant’s mother D (hereinafter referred to as “the Defendant’s side”) and the Defendant’s apartment house (hereinafter referred to as “instant land”).

B. On March 10, 201, the Plaintiff and the Defendant’s side purchased the instant land from H and I, and completed the joint process of subdivision or subdivision of the instant land, and arranging the process of subdivision or subdivision of the instant land to the following extent:

(A) The registration was made on January 11, 201 with the land register: (i) E large 594 square meters divided into the E large 280 square meters on April 6, 2011, J large 13 square meters, M large 92 square meters (hereinafter “F”) and K large 89 square meters (hereinafter “K large 72 square meters and N large 17 square meters on April 4, 2012”); (ii) the registration was made on January 11, 201 by dividing the land into the road; and (iii) the registration was made on April 27, 201 that the land category was changed into the road; and (iv) the registration was divided into three large 3 square meters on April 27, 201, and the registration was made on April 17, 2011, and the registration was made on April 21, 2011, to be owned by the Defendant (hereinafter “MM”).

J A. On April 27, 201, P 351 square meters (the registration record is closed on April 27, 201) was merged with 133 square meters per place.

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