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(영문) 수원지방법원 2017.02.08 2015가단62438
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 8, 2008, the Plaintiff and the Defendant jointly purchased 239 square meters in total from Non-Party C, including 10/156 with respect to land D, E, and F (C with respect to land D and 80/922 with respect to land E, and 70 square meters in F forest land was divided into 285 square meters in F forest land and 285 square meters in G forest and 415 square meters in total on December 27, 2012) for the purpose of constructing individual housing on the ground.

(However, the Plaintiff entered into a contract in the name of Nonparty H, who is the Plaintiff’s children.

The Defendant entered into a construction contract with Nonparty I on September 2009 by setting the construction cost of KRW 145 million with respect to the new construction of second-story housing on the same side of the F land at the time of 1/2 of the said division before the said division, and implements the construction by paying KRW 50 million as the construction cost.

At around March 2010, I suspended construction and renounced the construction work after suspending the construction work in the state of construction work such as a pel structure, outer wall, roof, etc., around May 2010, after concluding a construction contract again with the Jinjin Construction Engineering, the construction cost was set at KRW 90,00,000,000, and the construction continued by paying the down payment of KRW 10,000,000,000.

C. Since then, the Defendant entered into a contract with the Plaintiff, which actually operates J, to succeed to the construction cost of KRW 80 million for the said new house (hereinafter “instant contract for the housing construction”), and paid KRW 18 million to the Plaintiff as the down payment, and paid KRW 25 million as the intermediate payment, and directly paid KRW 1,516,100 as the lighting and electrical construction cost.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4-1, 4-2, Eul 4, 5, and 6's purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is a house on the land owned by the Defendant according to the instant contract for housing construction.

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