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(영문) 인천지방법원 2020.07.09 2019나57131
공사대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and counterclaim claims filed in the trial are dismissed.

2. Costs of appeal; and

Reasons

1. Basic facts

A. On January 9, 2015, the Plaintiff and the Defendant agreed to construct and sell the five-story multi-household housing (hereinafter “CB”) on the ground of Dobong-gu Seoul Metropolitan Government (hereinafter “instant site”) and then divide the profits into half.

However, the plaintiff made a written agreement (B) by lending the name of D in a de facto marital relationship at the time.

B. On January 10, 2015, the Defendant entered into a sales contract with Q from the owner of the instant site (E)’s agent Q to purchase the instant site at KRW 450 million (a contract amounting to KRW 75 million, KRW 320 million on debt succession, KRW 50 million on debt succession, and KRW 55 million on debt succession), and entered into a sales contract with Q to pay the remainder after completion of C lending.

C. On January 29, 2015, the Plaintiff: (a) drafted a standard contract for private construction works with E to carry out construction works by being awarded a contract; (b) drafted the contract in D; and (c) the name of the contractor was E in the name of CBD owner.

On July 8, 2015, the six households of the loan became the registration of ownership preservation in the name of E on July 8, 2015, and each ownership transfer registration was completed as shown below.

(1) A trust organization on July 24, 2015, the trust property of which belongs on July 24, 2015, the owner of the 20th 5th 20th 5th 6. 7. 7. 7. 4. 6. 7. 206. 7. 4. 7. 206. 4. 7. 7. 206. 1. 205th 206. 7. 4. 7. 205th 205th 206. 4. 7. 205th 205th 206. 7. 205th 205. 206. 7. 15th 205. 206. 7. 25th 2015

E. The plaintiff and the defendant.

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