beta
(영문) 수원지방법원평택지원 2017.04.12 2016가합8376

공사대금

Text

1. It is confirmed that the Plaintiff has a lien with respect to each real estate listed in the separate sheet Nos. 1 to 10.

Reasons

1. Basic facts

A. On November 20, 2012, the Defendants concluded a partnership agreement with the following terms and conditions (hereinafter “instant agreement”).

The name of the construction project: The description of the real estate at the rate of 300 million won per day: A and B, for the real estate at the rate of 300 million won per day, shall be the following arrangements with respect to Asan City, D, E, F, G, H, I, J, K,L, M, and N:

1. Of the total purchase funds of 2.92 billion won for the above indicated real property, the total purchase funds of 300 million won shall be paid by Gap, and the land purchaser shall enter into a contract in the name of "A".

2. Eul shall, after paying the down payment, complete the various authorization and permission and civil engineering works in good faith, and shall pay the balance of purchase of land within the remainder of each land to Eul liable for and with payment.

3. All remaining payments shall be responsible for B and A shall enter into a partnership agreement with B setting out this condition.

Under the above conditions, Gap and Eul shall enter into a partnership agreement, and after completion of all the construction works, the remaining profits except for all kinds of public charges and necessary expenses, shall be divided into half each.

Defendant A: Defendant B

B. On November 20, 2012, Defendant A entered into a sales contract with theO, etc. to purchase each real estate listed in paragraphs 1 through 10 of the attached list (hereinafter “instant land”) with the purchase price of 2.9 billion won, and completed the registration of ownership transfer on March 29, 2013.

C. On April 23, 2015, Defendant B entered into a contract with New General Construction Co., Ltd. (hereinafter “New General Construction”) on the construction cost of the instant land as KRW 1.54 billion (including value-added tax) with respect to the construction work for site formation of the K Housing Complex among the instant land.

The New General Construction Contract introduced the plaintiff to the defendant B, who ordered the part of civil engineering work among the site construction work.

Defendant B raises objection between the Plaintiff on July 27, 2015.