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(영문) 서울중앙지방법원 2018.07.06 2017가합586562
공사대금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. With respect to each building on the Seo-gu Incheon Metropolitan City Croart and Droart ground (hereinafter “instant building”), approval for use and registration of preservation of ownership in the name of the defendant was completed as follows.

On June 12, 2015, the registration is commissioned pursuant to the provisional disposition decision (Seoul District Court 2015Gahap234) on August 13, 2015, the date of ownership preservation registration and the date of approval for use of the building number and the building number, and the registration is made on August 13, 2015, the registration is made on June 12, 2015.

B. As to the instant building and the instant building, Seo-gu Incheon-gu F, and G land owned by the Defendant, the registration of ownership transfer was completed on September 9, 2015 under the name of H Co., Ltd. as of September 7, 2015.

[Ground of recognition] Facts without dispute, Eul's entry in the evidence 3-1 to 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. On January 15, 2015, the Defendant concluded a contract for the instant construction project with the Plaintiff, as the owner of the instant construction project (hereinafter “instant construction”).

B. In 2014, the Plaintiff entered into an agreement with the Defendant on the division of work and settlement with respect to the execution of the instant project, including the sale and acquisition of the instant building, and the Defendant rejected the payment of the settlement amount by asserting that the Plaintiff lost all rights to the said project due to the Plaintiff’s failure to perform its obligations under the said agreement.

C. The current market price of the instant building is at least 2.5 billion won, and the Plaintiff’s share in the instant project is at least 500 million won, and the Plaintiff seeks payment of KRW 250,00,000, which is part of the construction cost under the said contract or the settlement amount to be reverted to the Plaintiff.

3. Determination

A. According to the evidence No. 1-1 and No. 2 of the claim for construction cost, the Plaintiff’s design among the construction works of the instant building and the Defendant on January 15, 2015 is 820.

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