대물변제를 원인으로 한 소유권이전등기
1. The part of the plaintiff C's primary claim among the lawsuit of this case is dismissed.
2. The defendant is the plaintiff corporation.
1. Basic facts
A. (1) On April 2, 2012, the Defendant concluded the instant construction contract between the Plaintiff C and the Defendant on April 2, 2012, with the contract price of KRW 7 billion (including value-added tax) for the new construction of the instant building on land E (hereinafter “instant building”) outside Kimpo-si, Kimpo-si, and one parcel of land (hereinafter “instant construction contract”), from April 10 to January 13, 2013, from April 10, 2012 to January 13, 2013; the completed payment rate of KRW 0.01, and the delayed interest rate of KRW 7% (hereinafter “instant construction contract”); the main contents of the contract are as follows:
Article 22 [Case A] ① When expressly stated in a contract as to the completed portion, the “B” (Defendant) may request an inspection of the completed portion pursuant to the contract, and in this case, the “A” (Plaintiff C) shall conduct an inspection without delay and notify the results to B, and if no notification is made within 14 days, the inspection shall be deemed to have passed.
(3) A shall pay B the completed amount according to the details of the inspection within 14 days from the date of completion of the inspection.
(4) Article 25 (3) shall apply mutatis mutandis where A delays the payment of the completed portion under paragraph (3).
Article 25 [Payment of Price] (1) B may adjust the construction site, such as removal, removal, etc. of surplus materials, wastes, temporary facilities, etc. immediately after passing the completion inspection of A, and claim the payment of the construction cost to A.
(2) A shall pay B the price for construction at the same time as the delivery of the object of a contract, unless otherwise stipulated.
(3) If a party A fails to pay the price by the due date, it shall pay the unpaid amount by adding the interest calculated by applying the interest rate for overdue payment specified in the contract to the number of days from the day following the due date of payment.
Article 27 (Compensation for Delay) (1) If a construction work is not completed within the period of completion, the rate of compensation for delay in the contract shall be applied to each day of delay by the contract amount.