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1. The contract of donation concluded on July 2, 2012 between the Defendant and C is revoked.
Reasons
1. Basic facts
A. On April 9, 2011, C was awarded a contract for construction cost of KRW 48,00,000,000 for the construction cost of a house on the ground outside of the Republic of Korea, Jeonsung-gun, and one parcel of land. The Plaintiff was awarded a contract from G for the construction cost of KRW 50,000,000 for the construction cost of a house on the ground of H in the Jeonsung-gun, Bosung-gun. (2) On April 30, 2011, the Plaintiff received a contract from C for each of the above construction costs of KRW 38,00,000 from C, and completed the instant construction work on June 14, 2011.
3) During the construction period of the instant construction project, the Plaintiff is an additional construction project, such as brupted works, fexchising works, crusing works, railing works, and rafting works (hereinafter “instant additional construction project”).
(4) C subcontracted the construction cost of the instant construction to the Plaintiff in an amount equivalent to KRW 18 million, and completed the construction work. (4) C paid the Plaintiff KRW 22 million in total, including the contract payment of KRW 15 million on April 30, 201, KRW 300,000 on June 8, 2011, and KRW 4 million on June 11, 201.
5) On September 28, 2012, the Plaintiff filed a lawsuit against C, seeking payment of the instant construction cost of KRW 16 million (i.e., KRW 38 million - KRW 22 million) and KRW 34 million for the instant additional construction cost. On September 28, 2012, “Defendant (C) shall pay to the Plaintiff the amount of KRW 34 million and the amount of interest calculated at the rate of KRW 20% per annum from September 8, 2012 to the date of full payment.” On April 30, 2014, the Plaintiff appealed the judgment of the first instance court with respect to the said judgment of KRW 16 million as the court of this case’s 2012Na16816, but the Plaintiff dismissed the registration of ownership transfer as to the instant donation and the instant additional construction cost of KRW 18 million (hereinafter “instant forest land”). However, on April 30, 2014, the Plaintiff completed the registration of ownership transfer.
2 The defendant 2012
7. 4. As to the instant land, the registration of ownership transfer is completed on July 2, 2012, based on the donation contract (hereinafter “instant donation contract”).
C. The instant case.