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(영문) 서울중앙지방법원 2016.02.03 2014가합16055 (1)
하자보수금등
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 310,597,210 and KRW 217,868,575 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 310,59,210 on April 10, 2014.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On April 7, 2013, the Defendant received from the Plaintiff the construction of a multi-family house with four floors above the ground size of approximately 197 square meters (hereinafter “instant building”) on the ground of the land owned by the Plaintiff (hereinafter “instant construction”), and the main contents thereof are as follows.

1) Construction cost: The construction period of KRW 630,00,000: from April 2, 2013 to September 30, 2013: The method of paying the down payment of KRW 40,000,000; the intermediate payment of KRW 60,00,000; the remainder of KRW 60,000; and the remainder of KRW 259,000,000 in the case of the Plaintiff’s land owned by the Plaintiff; the F 222,00 square meters in the case of G, 231,000 square meters in the case of the building; the H large 73 square meters in each of the above lands and buildings (hereinafter referred to as “the instant substitute real property”).

(1) The payment in accord and satisfaction (hereinafter referred to as the “payment in accord and satisfaction in this case”) shall be calculated as KRW 355,500,000 (land 237 square meters x 1,500,000 per square);

4) Defect warranty period: 2 years

B. The Defendant completed the instant construction work thereafter, and the Plaintiff paid a total of KRW 140,706,000 to the Defendant as indicated in the following table during the period from the date of the said construction contract to November 27, 2013.

On April 7, 2013, the payment method of the intermediate payment of 40,000,000 cash on April 16, 2013, the intermediate payment of 70,000,000 wired on April 16, 2013; 3. The intermediate payment of 2,000,000,000 wired on May 8, 2013, 2013; 5. The intermediate payment of 10,000,000 wired on September 3, 2013; 5. The intermediate payment of 10,000,000,00 remitted on September 3, 2013; 6,706,700 wired on November 27, 2013; 10,000 wired on the intermediate payment of 10,000,000 wired on September 4, 2013;

C. On January 20, 2014, the Plaintiff raised an objection against the Defendant’s failure to transfer the ownership of the instant substitute real estate to the Defendant, and notified the Defendant that he/she would perform the registration procedures by the last day of the same month, which would prepare documents necessary for the transfer of ownership, and that the Defendant did not transfer ownership thereafter, the Plaintiff urged the receipt thereof on March 12, 2014 and demand the receipt thereof from the International Certified Judicial Scriveners’s office on March 28, 2014.

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