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(영문) 대구지방법원 2021.02.17 2019나313501
양수금
Text

Of the judgment of the court of first instance, the part against the plaintiff against the defendant C, which orders payment below.

Reasons

1. Basic facts

A. On July 7, 2012, Defendant B: (a) provided two multi-household buildings with the size of 407.9 square meters (hereinafter “J-dong”); (b) Defendant C bears all the design expenses, permission expenses, construction expenses, etc.; (c) newly constructed two multi-household houses on the ground; (d) Defendant C sells or leases part of the newly built multi-household houses, and paid KRW 50 million in total, KRW 200,000,000,000,000,000 to Defendant C; and (e) purchased or leased part of the newly built multi-household houses, and agreed on the construction work with the said payment and the registration of ownership transfer in the name of Defendant C (hereinafter “instant agreement”). The said land was divided into 46,276,466,276,200,000 square meters on April 27, 2012.

(c)

According to the instant agreement, around October 5, 2012, Defendant C obtained permission for construction of one unit of the fourth-story building on each ground of the above K and D with the name of the owner of the building as Defendant B as of October 5, 2012, and thereafter began construction of the building around October 11, 2012.

(d)

K Ground buildings obtained approval for use on October 7, 2013, and on October 28, 2013, the registration for the preservation of ownership was completed in Defendant B’s name.

E. On November 25, 2014, when the new construction is underway, the owner’s name was changed to E, which is the father of Defendant C. On April 6, 2015, the ownership preservation registration was completed in the name of E on April 17, 2015, and on the same day, the ownership transfer, etc. was completed in the name of E on the same day.

바. 피고 C은 위 각 건물 신축공사를 진행하던 중 2013. 6. 경 그 중 창호 공사 부분( 샷 시, 문, 모든 창틀 난간, 스텐, 이하 ‘ 이 사건 창호 공사’ 라 한다) 을 F에게 공사대금 7,000만 원에 도급 주었다.

G. D. Water for lease purposes related to the construction of the instant title D.

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