logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.02.03 2016나2020303
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

Reasons

1. Basic facts

A. There is no dispute between the parties as to the fact that the defendant and the defendant Nice C (hereinafter "the defendant, etc.") committed most acts related to the construction of the instant case on behalf of the defendant, etc., who are the mother of the defendant, etc., on behalf of the defendant, etc., the owner of the instant land Nos.

On November 16, 2007, D contracted the construction work for the creation of good farmland (e.g., the construction work) with respect to the land owned by the Defendant, etc. (hereinafter “instant land”) at KRW 150 million. On November 16, 2007, D agreed to complete the registration of ownership transfer of the land at KRW 400 square meters (hereinafter “instant self-invested land”) due to the construction of a road in lieu of the payment of KRW 80 million out of the construction cost after completion of the said construction work between D and D, and to pay KRW 70 million for the remainder of the construction cost after receiving compensation for the road site.

B. On December 9, 2011, the Defendant, etc. acquired F land and G land adjacent to the instant land (hereinafter “instant land No. 2”); around that time, the Defendant, etc. concluded a contract that added construction works on the instant land No. 2 to the construction scope by setting D and construction cost as KRW 60 million.

(hereinafter referred to as “instant construction,” in total, with respect to the land Nos. 1 and 2.

Meanwhile, between February 12, 2008 and April 13, 2009, the Defendant, etc. paid KRW 38 million in total as construction cost several times from February 12, 2008 to April 13, 2009. On June 29, 2009, the sum of the construction cost of KRW 32 million and the loan KRW 68 million was remitted (the total construction cost of KRW 70 million as to the instant land No. 1 that was to be paid in cash was paid in full). As a result of land division, as a result of land division, the area of the instant self-owned land becomes final and conclusive as of KRW 1109 square meters and forest land of KRW 624 square meters, the area originally planned increases, and the Defendant, etc. and D.

arrow