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(영문) 수원지방법원성남지원 2017.06.13 2016가합697
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The Defendant B donated the instant land to Defendant B from around 2003 to the Defendant C, who owned the Seoul Jung-gu D land (hereinafter “instant land”) and donated the instant land to Defendant C, who was ASEAN on May 29, 2008.

Accordingly, Defendant C completed the registration of ownership transfer of the instant land on June 2, 2008.

The Defendants, around 2012, sold the instant land to E, and E newly constructed a multi-family house (hereinafter “instant building”) on the ground of the instant land, thereby paying the purchase price for the land as the sale price for the instant house.

(hereinafter “instant contract”). In this process, the legal relationship between the Defendants and E is as follows.

Defendant B agreed with E on February 23, 2012 as follows.

The Plaintiff participated in the construction of this case in a similar business relationship with E.

Where a Si construction project requires a loan for construction, the project owner may provide the land in this case as security.

The completion after the commencement shall be four months, and the completion shall not be completed and the construction shall be suspended for 30 days without the project owner's consent, if the construction is confirmed and the construction cost shall be settled at two million won per square meter.

The payment of payment shall be made within ten days after the completion of the project owner's transaction or lease.

The name of the owner shall be the defendant C.

E insufficient funds to carry out the construction work, and on May 17, 2012, E and the Plaintiff drafted a written confirmation that “The construction work should be completed by lending KRW 50,000,000 to the Defendant C as security to carry out the construction work of this case.”

Accordingly, Defendant C borrowed 50,000,000 won from F on May 22, 2012, and created the right to collateral security of KRW 70,000,000 on the instant land. Upon Defendant C’s request, F paid the said borrowed amount directly to E.

E on July 17, 2012, the delay in lending to Defendant C, occurrence of civil petition, and subcontractor.

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