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(영문) 청주지방법원 2019.06.19 2017가합204237

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet Nos. 3 and 4.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On November 3, 2011, Nonparty C Co., Ltd. (hereinafter “C”) entered into a contract for construction works between the Defendant and C (hereinafter “C”) with the content that the contract for construction works extended or newly built to the Defendant by March 10, 2012 in the amount of KRW 1,012,00,000,00 of the construction cost as described in the separate list, as indicated in the separate list, on the ground of the Defendant and the Jincheon-gun-gun, Chungcheongnam-gun, Chungcheongnam-do.

(hereinafter referred to as the “construction to expand or construct the above buildings” refers to the instant construction work, “the said contract between the Defendant and C,” and the Defendant started the said construction work at that time.

B. 1) The settlement agreement between the Defendant and C was concluded between the Defendant and C, and the Defendant and C did not pay the progress payment under the instant contract by the agreed date, and on January 19, 2012, in order to recover the construction payment of the instant case, the Defendant and C shall settle the instant construction payment in installments at KRW 746,570,00,000, and transfer C’s shares 27,000 (45%) and C’s shares owned by C’s representative E and C’s shares 6,000 shares (10%) owned by C’s shareholders F, to G’s representative director, and G shall take office for the acquisition price of each of the said shares at KRW 712,80,00,000 (hereinafter “the instant settlement agreement”).

G was drafted. On the same day, G was appointed as the representative director of C. G. (2) At that time, G completed the transfer by acquiring 27,000 shares of C owned by E in accordance with the instant settlement agreement, and G’s wife H completed the transfer by transferring 6,00 shares of C owned by F.

C. On March 6, 2012, the Defendant and C concluded a contract for the instant construction contract with the Defendant to change the construction cost to KRW 1,320,000,000 (hereinafter “instant change contract”) with respect to the instant construction contract on March 6, 2012 (hereinafter “instant change contract”).

(2) The case is one of the buildings listed in [Attachment 3 and 4].