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(영문) 대전고등법원 2016.01.13 2015나11159

수분양자지위부존재확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Re-security oil Co., Ltd. (hereinafter “re-security oil”) is an executor of the business of newly constructing and selling Ctashing (hereinafter “instant building”) on the land outside Dong-gu, Chungcheongnam-gu, and five parcels on the land (hereinafter “instant building”). On March 28, 2003, the Plaintiff is a contractor awarded a contract for the construction of the instant building among the instant projects from re-security oil.

Article 1 (Supply Price and Payment Method) The re-security property shall be supplied by the defendant according to the following methods, and the defendant shall pay the corresponding amount to the re-security property:

4. The repayment of expenses shall not be obliged to separately notify the Defendant of the date of payment of intermediate payments;

5. The remainder payment date shall be the designation date of shop occupants notified in writing separately of the remainder payment.

Article 2 (Arrears Charges and Compensation for Delay)

2. Where the defendant fails to pay an intermediate payment and any balance within the agreed period, the late payment charge shall be paid according to the overdue interest rate on the loan of general funds to the fund manager for the past days.

Article 3 (Transfer of Ownership)

1. The defendant shall pay the sale price, arrears, management expenses, advance payment, etc. in full, and apply for the delivery of transfer of ownership to the re-security deposit within one month from the date the public book for re-security is completed, and shall complete the transfer of ownership at the defendant's expense within 60 days from the date the application for transfer of ownership is

Article 8 (Entry Points and Business)

2. To notify the Defendant of the designation of the occupant by mail not later than 30 days before the date of the designation of the occupant.

3. Repaid oil shall be issued to the Defendant with full payment of the sale price and other expenses and with the submission of all documents requested by the Defendant, with the sale price certificate specifying the date of the designation of the sale price.

Article 15 (Termination of Contract)

1. Re-security may terminate this contract without due process, such as peremptory notice, in the following cases for the management of the contract:

(1) The Defendant’s intermediate payments, remainder, development costs, and any other terms of this Agreement.