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(영문) 대구지방법원 2014.08.14 2013가합9240

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 30, 201, the Plaintiff and the chairperson of the Central Election Management Building Association established under the Defendant, concluded an exchange contract with the following contents (hereinafter “instant exchange contract”) to exchange the building with the land of 924 square meters and its ground owned by the Defendant, and the building of 2,314 square meters and its ground owned by the Plaintiff (hereinafter “instant land and building”), and the building of 2,314 square meters and its ground owned by the Plaintiff (hereinafter “instant land and building”), and the building of 992 square meters in Seo-gu, Seo-gu, Gwangju (hereinafter “instant exchange contract”).

▣ 교환재산의 표시 국유재산(토지1필지 924㎡, 건물1동460.5㎡) 대구광역시 수성구 C : 924㎡(대), 460.5㎡(건물) 사유재산(토지2필지 3306.4㎡, 건물3동 945.04㎡) 경상북도 울릉군 D: 2,314㎡(전), 665.06㎡(건물), 140.18㎡(건물), 139.8㎡(건물) 광주광역시 서구 E : 992.4㎡(대) 위 재산에 대하여「중앙선거관리위원회장」을 “갑”으로 하고 「(주)A 대표이사 F」을 “을”로 하여 갑을간에 다음과 같이 교환계약을 체결한다.

Article 2 Section A and B shall take procedures for the registration of ownership transfer for the property to be received, and the expenses incurred for such registration shall be borne by each party.

Article 4 Section A and B shall perform, prior to the conclusion of this Agreement, the following:

Cancellation of existing private rights;

(b) Article 5(2) of the National Disaster Act provides that the exchange difference arising from the exchange of the above property shall be 574,867,250 won within 60 days after the conclusion of the contract.

On December 30, 2011, the head of a central government agency (A) the National Election Commission Chairperson of the National Election Commission (243), the Chairperson of the National Election Commission (243) shall be subject to exchange by the Chairperson of the Standing Committee of the 44 delegated agency (B) the Chairperson of the Gyeong-si Seoul Metropolitan City Election Commission (AF Daegu Metropolitan City G registration number: H

B. On January 3, 2012, the Defendant: (a) registered the transfer of ownership for Seo-gu, Seo-gu, Gwangju on the ground of an exchange contract dated December 30, 201; and (b) on the instant land and building on January 4, 2012, based on an exchange contract concluded on December 30, 201.