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(영문) 부산지방법원 2014.01.29 2013가합43867
공탁금출급청구권확인등
Text

1. Of the instant lawsuits, the part of the Plaintiffs’ non-performance of compulsory execution and the claim for confirmation of the right to claim deposit payment.

Reasons

1. The following facts may be found either in dispute between the parties or in respect of each entry in Gap evidence 1 to 9 (including each number; hereinafter the same shall apply), Eul evidence 3, 4, and 5, together with the whole purport of the pleadings:

G 1) On December 20, 1995, G is the Yangsan Urban Planning Project (hereinafter referred to as the “instant Project”) that creates a site for industrial use from the Yangsan City Mayor to approximately KRW 97,740 square meters of the project site for Yangsan-si and Yangsan-si, Hasan-si, about 97,740 square meters of the project site.

(1) The term “former Urban Planning Act” (amended by Act No. 5115, Dec. 29, 1995; hereinafter referred to as the “former Urban Planning Act”) was designated as an executor of the Yangsan market on May 18, 1996.

(2) Article 25 of the Enforcement Decree of the same Act and Article 26 of the Enforcement Decree of the same Act, upon authorization of the implementation plan as set forth below, filed a commencement report on July 20, 1996, and subsequently promoted the instant project from around that time. The scale of the business for use and the size of the project within the company: 9,096 square meters: 83,892 square meters of facilities: 15,204 square meters of facilities: The commencement date of the project and the scheduled completion date of the project: within 15 days from the date of authorization: 36 months from the date of commencement: 2 months from the date of completion: G was difficult for the company selected as the contractor in the process of the instant project to continue the project due to the failure to pay taxes or waiver of construction works, etc., and was authorized to revise the implementation plan by not later than three times on May 31, 202.

3) Thereafter, G is Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd”) on October 26, 2001.

(B) The Defendant Company continued the instant project by concluding a contract under which the remaining construction cost shall be KRW 3.3 billion (including value-added tax) and the construction period shall be from November 2001 to October 2003. (b) G (the replacement of the Defendant Company to the Defendant Company and the subsequent completion 1) G shall be the entire period around July 2002.

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