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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. 1) The Defendant is the father of E, who is the owner of land C (hereinafter, from the following D land, divided on June 24, 2015) in Sinsisisi-si (hereinafter, referred to as “C”), F is the husband of G, who is the owner of land D in Sinsi-si.
3) On July 26, 2015, F entered into a contract with the Defendant, etc. with the amount of KRW 435,00,000,00 for the construction cost of the studio construction work on the ground of the Sinsi-si D land. B) The Plaintiff and the Defendant entered into a contract agreement around November 16, 2015 (hereinafter “instant contract agreement”).
2) According to the instant contract agreement, “The portion indicated as “D, C 2 parcel” in the indication of real estate is indicated as “the first progress payment of KRW 4,200,00 for the second completion payment of KRW 6,30,000 for the second completion payment of KRW 6,300 for the third completion payment after the completion of the pipeline work, and KRW 4,200,00 for the fourth completion payment of KRW 4,200 for the fourth completion payment at the time of the installation of the pipe work. (C) The Defendant paid KRW 3,40,000 for the fourth completion payment of KRW 5,00 on September 10, 2015 and KRW 3,40,000 on September 19, 2015; KRW 3,000,000 for the second completion payment of KRW 10,140,000 for the second completion of the pipeline work.
2) F paid KRW 15,00,000 to the Plaintiff’s account on December 5, 2015; KRW 4,000,000 on December 19, 2015; and KRW 15,000,000 on March 17, 2016; KRW 4,000 on the Plaintiff’s account; and KRW 15,000,000 on the Plaintiff’s ground D’s account on June 28, 2016; and KRW 3,00 on June 26, 2016, respectively.
2) On July 1, 2016, the registration of ownership preservation was made in the name of G on July 1, 2016, and the registration of ownership preservation was made in the name of E on April 20, 2016 on the C ground buildings. (e) F filed a lawsuit against the Defendant, etc. to confirm the existence of an obligation against the Defendant, etc. that there is no obligation for the payment of construction price under the contract dated 26, 2015.
(Scheon District Court 2016Gahap300369). 2. The F paid the construction cost to the Defendant, and as the Defendant delayed the payment of the construction cost to the subordinate companies, the F made the payment directly to the subordinate companies at the request of the Defendant and the subordinate companies.