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(영문) 서울고등법원 2015.07.22 2014나47926
손해배상(기) 등
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. On May 9, 2012, a written contract for construction works (hereinafter “instant construction contract”) was drawn up in the name of C Co., Ltd. (hereinafter “C”) and F, stating that “C shall entrust F with construction cost of KRW 265 million (excluding value-added tax) among the new construction works of Dongducheon-si E (hereinafter “instant building”).

After that, 220 million won was recognized as additional construction costs in relation to additional construction works by bricks, cement bricks, and boiler rooms, the construction price of this case became a total of 287 million won (excluding value-added tax).

D, the real operator of C, on June 22, 2012, entered the name of the buyer in the sales contract (hereinafter “instant sales contract”) with respect to 219, 220, 221 (hereinafter “3 bonds, etc.”) of the instant building on June 22, 2012, and entered the Plaintiff as the Plaintiff.

If the construction cost of this case is paid due to the special terms and conditions of the contract for sale, the plaintiff shall return the contract for sale in this case.

C As to the instant building, on May 7, 2013, after completing the registration of ownership preservation in its own future, C is "Korea Land Trust Co., Ltd. (hereinafter referred to as "Korea Land Trust Co., Ltd.") on July 12, 2013.

) In the future, the registration of transfer of ownership based on trust was made, the Gangnam Saemaeul Community Depository set up as the priority beneficiary of the trust contract and received a security trust loan of KRW 3 billion in total from the Gangnam Saemaeul Community Depository ( approximately KRW 27,027,000 per building of this case). [No dispute exists on the ground of recognition], Gap evidence 1, 2, and 3 (a serial number) includes the serial number;

hereinafter the same shall apply.

The results of inquiry into the North Korean Saemaeul Bank and the purport of the whole pleadings.

2. Claim for damages

A. The plaintiff asserted that C is the actual contractor of the instant construction contract, thereby not paying the construction cost of this case by issuing the instant sales contract to the plaintiff as the actual contractor of the instant construction contract.

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