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(영문) 서울동부지방법원 2015.05.28 2013가합2243

채무부존재확인 및 근저당권설정등기말소

Text

1. The Plaintiffs’ construction contract dated October 7, 201 and the additional construction contract dated February 23, 201 to Defendant C Co., Ltd.

Reasons

1. The facts below the facts of recognition may be acknowledged by taking into account the respective descriptions of Gap evidence 1 to 4, 11, 15, Eul evidence 2, 3, 9 to 11, and the overall purport of testimony and pleading of the witness E.

Plaintiff

A The Seoul Dongdaemun-gu Seoul Metropolitan Government 202 square meters, Plaintiff B, and each landowner of 73 square meters wide G. On October 7, 2010, the Plaintiffs concluded a construction contract (hereinafter “instant construction contract”) with Defendant C Co., Ltd. (hereinafter “Defendant C”) on an amount calculated by multiplying the construction cost by 2.92 million won (including value-added tax), 16 months from the date of reporting the commencement of construction work, and 1/100 of the construction price by the number of delayed days, in order to construct the building on each of the above lands as indicated in the indication of the real estate on the second underground floor and the 15th floor size above the ground (hereinafter “instant building”).

B. The Plaintiffs completed the commencement report to the head of Dongdaemun-gu on October 28, 2010.

Defendant C commenced construction around that time. While the construction of the underground base of the instant building was around 70%, the construction of the instant building was made at Defendant C’s request during the period from the end of the end of 2010 to the beginning of the beginning of the beginning of 2011, the modification was made with the purport of expanding the scope of the ground-breaking construction work. The Plaintiffs entered into an additional construction contract (hereinafter “the instant additional construction contract”) with Defendant C with the amount of additional construction cost at KRW 50 million in relation to the modified design.

C. In the process of design modification, Defendant C shall be from January 15, 2011 to the same year.

3. From March 12, 2011, the construction was suspended until June 25, 201, and the construction was resumed in accordance with the changed design, and the construction was completed on the same day.

On June 29, 2012, the Plaintiffs completed registration of the preservation of ownership of each of the shares of 1/2 on the instant building.

The Plaintiffs currently paid to Defendant C the remaining amount of KRW 200 million for the instant construction contract, which is KRW 150,000,000,000.