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(영문) 부산지방법원 2020.12.11 2020나40969
공사대금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim against the defendants is dismissed in entirety.

The plaintiff's total costs of litigation.

Reasons

1. Basic facts

A. G, a dynamic of F, owned the share of 1/2 of the 605m2, G, a 1/2 of the 350m2 and the 1/2 of the 350m22, G, a dynamic of F, the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and H 496m2, and I

F has obtained a construction permit in the name of G and decided to newly construct a house on the land above D and H land, and the constructor has awarded a contract for the new construction of the house to the Plaintiff as a constructor.

B. On August 6, 2018, when the construction of new housing was in progress, F entered into a sales contract with Defendant C on behalf of the said new housing construction corporation (hereinafter “instant sales contract”) with respect to each of the instant land and each of the instant bonds (hereinafter “each of the instant housing”).

(However, “Buyer” under the above sales contract refers to “Defendant C and one other”. The main contents of the agreement prepared at the time of the conclusion of the instant sales contract (hereinafter “instant agreement”) are as follows.

The sales amount of this sales contract shall be KRW 130,000,000, and the detailed details of sales shall be KRW 23,000,000,000, the construction cost of an undeveloped house, KRW 87,00,000, the construction cost of an undeveloped house, and KRW 20,000,00,00.

3. Three cases of right to collateral security (138,000,000 won) shall be released by the time any balance is paid.

4. Each of the instant houses currently being newly constructed shall be sold at present.

5. The construction business operator’s personnel expenses, material expenses, etc. invested by the Plaintiff, including the unclaimed construction expenses, material expenses, etc. in each of the instant houses under new construction, shall be calculated as won, the buyer and the Plaintiff shall settle the dispute through consultation between the construction business operator and the seller, and shall not be responsible for the seller’s failure to comply with the specification of this contract at the

7. When the buyer pays 130,000,000 won in full, the seller shall complete the change of the owner of each of the houses in question being newly constructed and shall complete the house under the buyer’s responsibility.

Provided, That the change of the owner shall be F from the G which is currently permitted.

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