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(영문) 울산지방법원 2016.06.08 2015가합2191
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Based on the facts, the Defendant is the owner of Ulsan-gun, Ulsan-gun Co., Ltd. 1,236.6 square meters (hereinafter “the instant land”), and D (hereinafter “D”) was the executor of the instant project (hereinafter “instant project”) that newly constructs and sells the main complex building (hereinafter “instant building”) on the instant land.

A. The Defendant sold the instant land at KRW 1.1 billion on July 30, 2007, but the sales amount was paid upon D’s project financing from the Bank of Pakistan Savings Co., Ltd. upon project financing.

No. 1-3 No. 1-3, the defendant and D had obtained a construction permit from the Ulsan-gun Office on October 15, 2007 as the co-owner of the building of this case, and D had contracted the construction of the building of this case to the ELD Construction Co., Ltd. (hereinafter referred to as the "ELD Construction") around March 26, 2008.

Nos. 2 and 1-3. However, the above Corporation ceased to be a civil petition filed by the neighboring residents of the land of this case, and resumeed the construction without permission of D and ELD Construction, and it was ordered by the Ulsan-gun Office on March 25, 2009 to suspend the re-construction and to thoroughly implement the construction permission terms and conditions, and D failed to obtain the re-project from the above savings bank, etc.

On June 3, 2009, the representative of E, Plaintiff A Co., Ltd. (formerly referred to as “F Co., Ltd.”; hereinafter referred to as “Plaintiff Co., Ltd.”); the Defendant, on June 3, 2009, transferred the status of D as to the instant project and changed the event from D to the Plaintiff Company; and the Plaintiff Company, from the Defendant, purchased the instant land at KRW 1130 million, and agreed to pay the purchase price within two months.

After that, the Plaintiff Company received the instant land from the Defendant, and changed the owner of the instant building from D and the Defendant on June 17, 2009, to the Plaintiff Company and the Defendant, and the Plaintiff Company made the said purchase price.

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