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(영문) 창원지방법원 2016.06.07 2015가단18506
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 28, 2008, the Plaintiff received a contract from the Defendant for electrical construction in A apartment (the name of B apartment is changed to B apartment) with the construction cost of KRW 45 million and the construction period from January 28, 2008 to March 10, 2008. The Plaintiff completed the instant construction and completed the instant construction in order to substitute or secure the repayment of the price claim, etc. in lieu of or in lieu of the payment of the purchase price claim, etc., on July 15, 2008, the Plaintiff completed the registration of ownership transfer in the name of D with respect to Nos. 9 B apartment 1504 in the Chang-si window, Chang-si, Chang-si, the Defendant did not have an obligation to pay the Plaintiff the amount equivalent to the above construction cost under the provisional registration in the name of D. However, on April 15, 2010 pursuant to the prior provisional disposition on the ownership transfer registration in the name of the Plaintiff as to the above apartment.

2. The defendant's assertion that the claim for the construction price of this case was extinguished by prescription, so the construction of this case was completed on July 15, 2008 when the ownership transfer registration was completed in the plaintiff's future with respect to the above apartment at the latest according to the above fact of recognition.

Therefore, it is reasonable to view that the claim for the construction payment of this case has expired, since the fact that the lawsuit of this case was filed on September 11, 2015, which was three years after the expiration of the extinctive prescription period, is apparent in the record.

Therefore, the defendant's above assertion is justified.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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