(영문) 춘천지방법원속초지원 2014.10.16 2012가합746

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(영문) 춘천지방법원속초지원 2014.10.16 2012가합746

공사대금등

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1. As to the Plaintiff’s KRW 110,00,00, and KRW 113,50,000 to the Intervenor succeeding to the Plaintiff, Defendant B shall pay to the Plaintiff each of the above amounts.

Reasons

1. Basic facts

A. Nonparty F, the owner of the instant land, carried out the construction of a new loan on the instant land along with G (hereinafter “instant construction”). Nonparty F, who supplied steel to the instant construction site, filed the instant lawsuit with Plaintiff A as the first Plaintiff, but withdrawn from the instant lawsuit after the succeeding intervenor’s participation.

Around August 201 to October 10, 201, H transferred the name of the owner to H.

B. After December 201, H transferred the name of the owner of the instant construction project to the Plaintiff, one of its denials, for convenience, due to issues related to the renewal of construction permission around December 2011.

C. G, which intended to carry out the instant construction project after being transferred to the owner’s name, borrowed KRW 150 million from Defendant B, which had been in a relationship with Nonparty I at the time of the instant construction project, G, after completing the instant construction project with the said funds, has entered into a partnership agreement with the purport of receiving investment from another person, and then receiving the said funds from Defendant B, and then dividing profits by completing the sale after being transferred to Nonparty I, and requested Defendant B to lend KRW 150 million on condition of repayment within 15 days.

When lending KRW 150 million to G, Defendant B demanded that the owner of the instant land transfer the ownership of the instant land and the name of the owner of the instant construction to himself/herself. At that time, the Plaintiff, the owner of the instant construction, on February 3, 2012, did not state the total amount of payment in the performance angle as follows, on February 3, 2012, but there is no dispute between the parties regarding the total amount of KRW 210 million.

(A) No. 7 No. 1) was drawn up and provided.

The owner A is the owner of the building in Gangwon-do, and the owner shall transfer the land to I and B by February 15, 2012.

유사 판례

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