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(영문) 서울서부지방법원 2017.02.02 2016가합28
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts under the basis of facts may be found either in dispute between the parties or in the entries in the evidence of Nos. 3, 4, 5, 6, 37, 48 (including serial numbers; hereinafter the same shall apply), i.e., the whole purport of the pleadings, unless special reference is given.

Around January 2013, Nonparty C, the Plaintiff’s wife, purchased from Nonparty D the price of KRW 710 million in the Eunpyeong-gu Seoul Metropolitan Government F large 24 square meters and G large 156.4 square meters (hereinafter “instant land”). Nonparty C, the Plaintiff’s wife, entered into a sales contract with Nonparty D with the content that the payment of KRW 50 million in the intermediate payment shall be made on the date of the contract, and the intermediate payment of KRW 10 million shall be paid on February 18, 2013, and the remainder payment of KRW 560 million shall be paid on March 18, 2013 (hereinafter “instant sales contract”).

B. On February 18, 2013, C, D, and E entered into an agreement with D to waive the down payment and lose the buyer status in a case where C is unable to pay the remainder of the purchase price of the instant case by paying KRW 10 million to D on its own at the time of paying the remainder of the purchase price of the instant case.

C. The Defendant paid KRW 200 million to C around March 2013, and became a party to the instant sales contract on behalf of D, and the Defendant and C received the registration of ownership transfer as to one half of the instant land from E on March 18, 2013.

On March 18, 2013, the Defendant paid KRW 190 million to C, and KRW 10 million on March 25, 2013, respectively.

E. From March 2013 to October 2013, the Plaintiff constructed a reinforced concrete structure under the name of “H” and a multi-household house with five floors of reinforced concrete slab roof (hereinafter “instant building”) on the ground of the instant land (hereinafter “instant construction”) and completed registration of ownership preservation with 50/10 shares of each section of exclusive ownership to the Defendant and C, respectively.

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion raises an objection to the construction cost of KRW 516,03,820 by the Defendant and C.

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