beta
(영문) 울산지방법원 2016.08.18 2015가합22065

소유권이전등기

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) on November 201, 201 regarding the real estate stated in the attached Table No. 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 19, 2008, D Co., Ltd. (hereinafter “D”) entered into a contract for the first construction works with Defendant B (hereinafter “Defendant D”) awarded a contract for the new construction works of Ulsan-gun E ground lending (hereinafter “multi-household 1”) and F ground lending (hereinafter “multi-household 2”) to Defendant B (hereinafter “the contract for the first construction works”), and the main contents are as follows.

Construction Contract Documents

1. Construction name: F and E (501 square meters) of new construction works for G multi-household housing;

2. Contract amount: 173,500,000 won (excluding value-added tax);

3. Construction period: In cases where construction works under Article 9 (Completion Inspections) are completed on a 45-day basis on June 23, 2008, defendant B shall submit a completion report without delay and undergo D inspections.

D The same shall also apply where D requests delivery of a part of the completion.

Article 11 (Payment of Contract Price) If Defendant B claims the contract price according to the prescribed procedures after passing an inspection under Article 9, D shall pay the contract price after taking over the object of the contract.

Inasmuch as it is a 2-generation of incidental conditions, the payment of down payment, intermediate payment, and balance has been made at the construction progress.

B. On September 10, 2008, Defendant B prepared a letter of performance confirmation stating that “The Plaintiff shall have caused enormous damages D due to failure to observe the construction date according to the construction contract under the first construction contract, shall complete the first and second multi-household houses within 45 days from the date of each letter, and shall compensate the Plaintiff for the delayed delay of the completion date and the subsequent construction,” and Defendant C, the wife, signed and sealed as joint and several sureties.

C. D’s conclusion of the contract for the second construction works between the Defendant D and the Defendant B is the contract for the construction works of the new construction works between B and I in Ulsan-gun and B (hereinafter “instant commercial building”) to the Defendant B (hereinafter “the contract for the second construction works”).