(영문) 서울동부지방법원 2017.10.27 2016가합110572

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(영문) 서울동부지방법원 2017.10.27 2016가합110572

손해배상(기)

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1. Defendant F shall pay to each of the Plaintiffs KRW 41,661,590 as well as 15% per annum from May 24, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On July 31, 2015, the Plaintiffs and Defendant H entered into a contract with Defendant F on the land of Songpa-gu Seoul, Songpa-gu for the construction of a new construction of multi-household housing with a total of seven households above the fifth floor above the ground (hereinafter “instant building”) (hereinafter “instant construction”) with the construction cost of KRW 534.6 million (hereinafter “instant contract”).

B. At the time, the Plaintiffs owned one of the seven households of the instant building, and agreed to pay the remainder of KRW 160 million of the construction cost to Defendant F by paying KRW 374.6 million of the construction cost and transferring the ownership of one household (No. 402) in lieu of the payment.

C. Defendant F commenced the instant construction work on August 26, 2015, and the Plaintiffs and Defendant H paid to Defendant F the full amount of KRW 374.6 million, excluding the portion of the payment agreed upon among the construction cost, from September 10, 2015 to October 22, 2015.

However, around May 2016, Defendant F suspended the instant construction, and completed the registration of initial ownership in the name of the Plaintiffs and Defendant H6, respectively, under the name of the Plaintiff B, the name of the Plaintiff C, the name of the Plaintiff C, the name of the Plaintiff C, the name of the Plaintiff C, and the name of the Plaintiff C, and the registration of initial ownership in the name of the Plaintiffs and Defendant H6, respectively.

[Ground of Recognition] ① Defendant F: Confession (the main sentence of Article 150(3) and (1) of the Civil Procedure Act), ② The Defendants are not interested in the facts, Gap 1, 4, 7, 11, 12, and 14, respectively, and the purport of the whole pleadings

2. Determination as to the claim against Defendant F and G

A. Although Defendant F and G alleged by the Plaintiffs did not have the intent or ability to perform the instant construction, Defendant F and G paid the construction cost in advance to the Plaintiffs.

참조조문

-민사소송법 제150조 제3항

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