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(영문) 수원지방법원성남지원 2019.06.13 2017가합402542

신탁등기말소 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the operator of a business that newly constructs and sells two Da, E, and F-based lending (hereinafter “instant lending”), and two dong units by dividing them into two dongs, each “G Dong” and “H Dong” (hereinafter “H Dong”).

The scheduled completion date of construction works: The contract amount of the newly constructed construction project in this case: 1,547,600,000 won including value-added tax (hereinafter referred to as "value-added tax"): No completed amount: Reference to the warranty bond rate for defects: Reference to the special agreement: Reference to the warranty bond rate for defects: 1/1,000: One copy of the special agreement;

B. On October 21, 2015, the Plaintiff entered into a standard contract with the Defendant for the construction of the instant loan (hereinafter “instant construction”)

Although the above standard contract was prepared in the name of the Plaintiff and I Co., Ltd., the Plaintiff and the Defendant did not dispute the fact that the contractor under the contract of this case is not a I Co., Ltd.

(10) Statement of pleadings; hereinafter the same shall apply).

The main contents are as follows:

A : Plaintiff / Contractor’s address: Defendant : Total amount of construction costs in Gwangju City D, E, and F: KRW 1,460,000 (Additional Tax Map)

2. Method of execution and specifications; and

(b) The interior finishing materials and construction method. (5) The roof shall be the gembath of Busan Metropolitan City for the roof, and the symbolic materials from the part of the building shall be the cream materials from the wall outside the building on the side roof and the roof roof shall be constructed as the cream materials from the side roof;

Although its meaning is unclear in its language, it is interpreted as an agreement to "construction of the outer wall part of this case with dyke material like the side building" as follows:

3.1.1. 3. Payment timing and method of the construction cost, 1. By the 10th day after the Abane removal, Party A does not exceed the construction cost for the said land to obtain a loan from outside funds for the smooth construction of Party B.