(영문) 서울중앙지방법원 2018.02.14 2017가합513229

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(영문) 서울중앙지방법원 2018.02.14 2017가합513229

공사대금

Text

1. The plaintiff's main claim against the defendant A shall be dismissed.

2. The plaintiff's primary responsibility against the defendant B.

Reasons

1. Basic facts

A. On August 30, 2002, Defendant A completed the registration of ownership transfer on the ground of sale on July 28, 2002 with respect to 1942 square meters (hereinafter “instant land”). Defendant B is the spouse of Defendant A.

B. On December 4, 2012, Defendant A entered into a contract with Nonparty D to sell the instant land to KRW 800,000,000 (the payment of KRW 50,000,000 at the time of the contract deposit, intermediate payment of KRW 150,000,000,000 (payment of KRW 600,000 on December 14, 2012), and agreed on the following matters:

(hereinafter referred to as “sellers” refers to Defendant A and “Buyers” respectively). 1. Seller orders a buyer to sell land simultaneously with a land sale contract.

2. The buyer, at the same time, shall construct and sell a house at the same time as the land is ordered, shall give priority to paying the purchase price of the land.

3. A landowner shall provide a buyer with all documents necessary for the construction of housing, simultaneously with a sale contract;

4. The buyer may not bear any responsibility to the seller for all the expenses necessary for the construction of a house; and

C. Defendant A obtained permission for development activities and building permission from the competent authority on April 15, 2013 regarding the instant land.

D On January 13, 2014, with respect to the new construction of urban residential housing (hereinafter “instant building”) on the instant land, etc. (hereinafter “instant construction”) between the Plaintiff and the Plaintiff, a written contract for construction works with the construction cost of KRW 2,874,620,00 and the construction period of KRW 13,00 from January 13, 2014 to July 30, 2014 (hereinafter “instant contract for construction works”). In such cases, “the contractor:” written the name of the Defendant A, affixed the seal of the Defendant A’s name, affixed the seal to the name of the owner, and written D’s name, “the owner of the instant building and the executor of the instant construction works” under said part below, and affixed a seal thereto.

E. The plaintiff is above.

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