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(영문) 서울고등법원 2018.06.08 2017나2054600
공사대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the judgment of the court of first instance as follows. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

o At the bottom of the second part of the judgment of the court of first instance, three minutes shall be referred to as "division".

o The last page of the third decision of the first instance court is "registration of ownership preservation" as "registration of ownership preservation".

o The 8th page 5 of the first instance court ruling "320 square meters" shall be "3.2 million won".

o At the bottom of the 8th judgment of the first instance, the following shall be added at the end of 11:

The Defendant asserts that the construction cost should be included in the balcony area in addition to the size on the building ledger. The fact that the construction cost was determined based on the usual construction cost at the time of concluding the instant construction contract between the Plaintiffs, D, and the Defendant does not conflict between the parties, but there is no evidence to prove that there was a practice that the total balcony area is included in the construction area, which serves as the basis for calculating the construction cost, or that there was an agreement to pay the additional construction cost in accordance with design drawings for the area other than the public book, such as the building ledger, etc., each design outline submitted by the Defendant (the document No. 8 was added to the actual construction area, and it is unclear whether the actual construction area was added as the document No. 8), and the construction area calculated accordingly is also included in the document No. 25 in the case of the Plaintiff A, and the document No. 23, 206.

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