beta
(영문) 수원지방법원성남지원 2017.12.19 2017가합403262

채무부존재확인

Text

1. All of the plaintiff's lawsuits of this case are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a construction contract with E Co., Ltd. (hereinafter “E”) under which 40 households of multi-household 2625 million won are awarded a contract on the land of 2311m2 and G 1921m2 on the land of Gyeonggi-gu, Gyeonggi-do, and G 1921m2 (hereinafter “instant contract”).

The main contents of the above contract are as follows:

1) Of the construction cost, one billion won of the construction cost shall be paid by the landowner by borrowing the construction support fund supported by the Housing Finance Corporation (Korean bank), and all necessary tasks shall run on the responsibility of the Corporation (E). The remaining amount of the construction cost shall be appropriated by 16 households of multi-household houses newly constructed on the site location. The landowner shall pay 500 million won out of the above loan money to the contractor at the time of commencement of construction, and the remaining amount shall be paid according to the progress of construction. The landowner has no other liability for the payment of the construction cost, except for the above-mentioned matters and the above site are provided as collateral. 2) The authorization and permission for construction permit shall be applied in the name of the landowner and the contractor, and all of the authorization and permission affairs shall run at

3) The construction works shall commence within three days after receiving the commencement money (50 million won) and shall obtain the completion approval within six months from the date of the commencement. If the construction works violate the above contents, the landowner may rescind this contract, and in such case the construction works shall, at the landowner’s option, take such measures as restitution of the land and rights and return of the construction cost received from the landowner, and shall compensate the landowner, if any, compensate for the damages incurred to the landowner. 4) At the same time with the contract, transfer of ownership shall proceed with respect to the land substituted by the landowner and the contractor.

B. On June 13, 2013, the Plaintiff sold to Defendant B the share of 849/231 square meters of 231 square meters in Gyeonggi-gun Fri-gun, Gyeonggi-do.