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(영문) 대구고등법원 2015.02.04 2013나1571
대여금등
Text

1. The judgment of the first instance, including the Plaintiff’s claim partially changed in the trial process, is as follows.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 7, 9, 10, 12, 14, Eul evidence Nos. 1, 2, 4, 5, 18, 26, 29, and 33 (including the branch numbers in case where no special indication is made; hereinafter the same shall apply), N’s testimony and the whole pleadings, and there is no counter-proof.

The Defendant of the Cheongdo Housing New Construction Corporation contracted the construction of a multi-household house (hereinafter “P building”). From January 2009 to May 2009, the Plaintiff newly built a multi-household house (hereinafter “P building”). From February 2009 to June 2009, the Defendant directly built a multi-family house (hereinafter “D building”) on the ground of the above C large 723 square meters from July 2009 to December 2009, multi-family house (hereinafter “F building”) under the Plaintiff’s on-site management.

(hereinafter referred to as the above PP building, D building, and F building, ‘Cheongdo Housing'. (b)

The In-dong Housing Construction Corporation R and the S married couple requested the Defendant to 30 square meters on the ground (hereinafter “Bandong Housing Site”) of 585 square meters in Ansan-si, Adong-si, the Defendant, through T (the Defendant’s land and R’s wife). The Defendant requested the Plaintiff to construct the said housing.

After that, from November 2009, the Plaintiff started the construction of a new house on the above ground (hereinafter “house on the ground”) and completed the construction work around November 201.

C. On March 2009, the following facts are as follows: (a) the Plaintiff, the Defendant, and G: (b) purchased a commercial building (hereinafter “Cheongdo shop”) on the ground; (c) purchased a part of Cheongdo shop 105 square meters in U.S. on May 6, 2010; and (d) newly constructed and sold the commercial building on the ground (hereinafter “Cheongdo shop”) to divide the profits therefrom into one-third and one-third of each of them.

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