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(영문) 제주지방법원 2017.04.19 2016나5085
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) Acquisition of real estate E Co., Ltd. (hereinafter “E”).

(2) On June 26, 2014, a company established for the purpose of running a real estate leasing business, etc. and its representative director is Defendant B, and Defendant C is the spouse of Defendant B. (2) The same year with respect to F. F. 4,739 square meters, G large scale 3,101 square meters, H orchard 1,808 square meters (the foregoing F.F. real estate was merged on October 17, 2014) and I large scale 517 square meters (hereinafter referred to as “corporation site”) on July 31, 2014.

9.12: Provided, That the foregoing I real estate shall not apply for the same year;

9. 25.25.) The registration of ownership transfer was completed under the name of E. Jeju-si, and it is called Jeju-si as the “individual site” with the name of 797 square meters in size, K-source 161 square meters in size, and L-source 695 square meters in size (hereinafter collectively referred to as “personal site”). Of them, D’s real estate is the “instant land”

on July 31, 2014

9.12. Provided, That for the land of this case, the same year;

9. The registration of ownership transfer of 1/2 shares was completed in the name of the Defendants. On the other hand, around September 2014, the maximum debt amount was 2,400,000,000 won for the corporate site and the personal site, and the joint establishment of a mortgage was completed in the name of the National Bank of Korea in the name of the debtor Eul around 2015. (3) E promoted the construction of the first class neighborhood living facilities in which the individual site was located as the business site before and after 2015. Defendant C applied for a construction permit for the individual site as the owner of the building on April 16, 2015. On the other hand, on the condition that the construction permit was submitted on June 8, 2015, the construction permit was granted on the condition that the construction plan for the temporary site fence was submitted.

B. On February 5, 2015, the Plaintiff was awarded a contract for the construction of a structure (storage site) and a boundary-to-face fence, U-type U-type waterway construction cost of KRW 17,00,000 (value-added tax separate) with regard to real estate, including FJ 4,739 square meters, on February 5, 2015. The contractor column of “standard contract” written in this context bears the Defendants’ personal seal affixed respectively. 2) The Plaintiff’s personal seal was affixed on April 20, 200.

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