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(영문) 부산고등법원 2017.04.19 2016나55028
공사대금
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

Basic Facts

The N in the Cheong-do Cheong-do Office N in the instant G Hospital building permit, etc.

O. P;

Q. On February 15, 2013, the registration of preservation of ownership was completed in the name of the Defendant upon the entrustment of the provisional attachment decision (Tgu District Court 2013Kadan963) on February 15, 2013 with respect to the building of QR and S 4th floor (hereinafter the above building referred to as “instant G Hospital building”).

Of the building sites of the instant G Hospital, the said N,O, P, and Q land (hereinafter referred to as the “instant four lots”) was originally registered in the name of C. However, on June 16, 2008, the voluntary auction commenced on the commencement of the auction procedure, and the ownership transfer registration was completed in U’s name on March 4, 2009 after purchasing the Defendant’s wife at the auction procedure.

On the other hand, the registration of ownership transfer was completed on November 28, 2008 under the name of T on March 4, 2010 in the building site of the G Hospital in this case, R of the Cheongbuk-do, and the land of S.

On the other hand, C obtained a building permit for the new construction of the G Hospital in this case on October 24, 2005.

Since then, the name of the owner for the new construction of the instant G Hospital is different from U, who is the defendant and E-owner on January 31, 2012 through V.

The name was changed in the name, and the name was changed on January 21, 2013 to the defendant's sole name.

The developments leading up to the construction of the instant G Hospital C had been subject to the construction permit for the new construction of the instant G Hospital, and continued the construction of the instant G Hospital due to financial difficulties in the course of the construction of the 3rd floor.

Since then, the name of the building owner was changed several times on January 31, 2012, and C continued to perform the new construction of the G Hospital after the name of the building owner was changed in the name of the defendant and E.

C borrowed a total of KRW 100 million from the Plaintiff on March 14, 2012, KRW 50 million, KRW 10 million on March 23, 2012, and KRW 40 million on April 6, 2012.

Around that time, C contracted the completion of the new construction of G Hospital to B Co., Ltd. (hereinafter “B”), and B again contracted the completion of the new construction of G Hospital.

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