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(영문) 서울북부지방법원 2017.06.01 2016가합1520

공사대금등

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On May 9, 2013, the Defendant sold 1,653,250,000 parcels, other than 1,653,250,00 won, to E, and the sales amount was paid in kind as part of multi-household houses newly built on the ground by E.

(hereinafter “instant sales contract”). B.

E received a building permit for 29 households, and then subcontracted the construction to the plaintiff and the selected parties, but first, the construction of two multi-household houses (15 households) was first subcontracted to H and I sites.

1. E enters into a contract with F and J for purchase of land subject to sale in the name of the Defendant, with the change of the form and quality of the land subject to sale, and with the permission of 29 generation, and construction of 15 households among the 29 households. E shall undergo a completion inspection by August 31, 2014, on the 15 households under construction with the name of land owner and building permit holder as the Defendant, according to a separate design drawings and specifications, specifications, product estimates of construction materials, and subcontract construction contract, with respect to the 15 households under construction.

2. The defendant shall obtain a loan of the land and superficies subject to purchase and sale of this case as collateral so that E can carry out the construction work mentioned in the preceding paragraph, and use all of them as construction expenses at the request of E.

3. A loan of the Building Fund shall be granted under the responsibility of E, and the defendant shall, upon the request of E, provide the land subject to the sale in this case and its superficies for the loan of the Building Fund.

The loan of the building fund shall not affect the date of completion inspection referred to in paragraph (1).

4. Where E fails to undergo a completion inspection by the completion inspection date specified in paragraph 1 or suspends construction for at least 15 days during the construction period, the instant sales contract of this case between the Defendant and E shall be deemed terminated, and E shall not assert any rights relating to the instant sales contract, and shall deliver the instant construction site to the Defendant Company without any condition.

E The same shall apply to subcontracting business operators.

Provided, That the defendant shall be the subcontractor of E.