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(영문) 대전지방법원 2015.06.25 2013가합104725
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 573,042,465 and its KRW 385,00,000 among them, Defendant B shall start from November 12, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 18, 201, Defendant B entered into a sales contract with the Plaintiff’s wife D to purchase KRW 625 million for the purchase price, and completed the registration of ownership transfer on the instant land on November 24, 201.

② On January 4, 2013, with regard to the instant land, which is the site for the instant building owned by Defendant B (hereinafter “instant building”) and the instant building, the voluntary auction procedure was commenced on January 4, 2013 with the application for auction following the execution of the right to collateral security by the original Saemaul Depository, the mortgagee, and Defendant C purchased the instant building and the instant land in accordance with the court’s decision on permission for sale during the instant voluntary auction procedure on October 25, 2013, and paid the sales price in full.

B. On March 25, 2013, the Plaintiff reported that the Plaintiff is the lien holder, claiming that the instant building was completed after having been awarded a contract for the construction of the instant building by Defendant B, the owner of the building, but failed to receive the construction cost, as the claim for the new construction cost of the instant building during the instant voluntary auction procedure.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 6, Eul evidence 1-2, Eul evidence 1-B, Eul evidence 12, 15, 16, and 18, and the purport of the whole pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. The Plaintiff asserted that the construction cost is KRW 775 million (excluding value-added tax) between Defendant B and entered into a construction contract for the construction of the instant building and then delivered the instant building to Defendant B.

② The Plaintiff entered into a contract for the construction of the instant building with Defendant B for the said construction cost of KRW 775 million.

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