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(영문) 서울고등법원 2020.01.31 2018나2070234
공사대금
Text

1. All the appeals filed by the Plaintiff (Counterclaim Defendant) and the claims extended from the trial of the first instance, and all the incidental appeals filed by the Defendant (Counterclaim Plaintiff).

Reasons

1. Scope of adjudication on the principal lawsuit of this case by the court;

A. Regarding the principal suit in the first instance court, the Plaintiff sought payment of KRW 357,95,187, around the amount entered in the receipt, ① unpaid (66,00,000), ② Incidental construction expenses (27,00,000), ③ finishing construction expenses (39,000,000), ④ expenses for installing fences (22,00,000), ⑤ value-added tax (62,00,000) (62,00,000), ⑤ the cost for demolishing the removal (118,000,000), ③ the amount for destroying the substitute payment (23,95,187,000,000) and ② the amount for destroying the substitute payment (23,95,187,000,000,000,0000,000,000,000,000,000,000,00,00,000,00,00.).

B. Accordingly, among the part against the plaintiff in the judgment of the court of first instance as to the main lawsuit, the plaintiff appealed only to the part on the claim amount in the receipt amount and the part on the claim amount reversed for the substitute payment, and the defendant appealed to the part on the part on the lawsuit in the judgment of first instance against the defendant. The defendant appealed to the part on the lawsuit in the judgment of first instance as to the whole against the defendant. The plaintiff withdraws the part on the claim for the cost of removal, and then the plaintiff seeks to implement the procedure for the registration of ownership transfer and the claim for the delivery of the above real estate.

C. Therefore, the subject of the judgment on the principal lawsuit of this court is as follows: (i) the appurtenant work (27,00,000 won); (iii) the finishing construction cost (39,00,000 won); (iv) the cost of installing a fence (22,00,000 won); and (v) the claim for payment of value-added tax (62,00,000 won) and (ii) the execution of the procedure for ownership transfer registration on the attached real estate and the above execution.

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