logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2016.07.13 2015가단7130
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 15, 2014, the Plaintiff entered into a contract with the Defendant to sell a price of KRW 50 million to the Defendant for KRW 473 square meters (hereinafter referred to as “instant land”) in the capacity of the agent of Dong C, who is the birthee, in the capacity of the Plaintiff. The following matters are stated in the special agreement:

This Agreement is a newly constructed article, and both parties agree on the completion of construction at the request of the design office.

Part 100 million won of the balance shall be paid upon confirmation and payment of the completion of the construction and completion of the preservation registration.

(50,000 won out of the design cost and part of the down payment due to construction). The remainder payment date shall be determined by a change in the name of the owner of new building.

B. B.

On January 8, 2014, prior to the conclusion of a port sales contract, the Plaintiff awarded a contract to E for construction of a temporary building that is scheduled to be newly built on the instant land in KRW 150 million. In this regard, the Plaintiff and the Defendant drafted a written confirmation as follows on January 14, 2014 and January 16, 2014.

The letter dated 14, 2014, signed a sale and purchase contract for the real estate (referred to the land in this case) on the above lot number, and appended the special terms.

The part according to the construction shall be acquired and carried out by the seller as the original contract.

The construction cost is to be newly built up to the second floor and to be paid up to KRW 200 million, and some of KRW 50,000 of the down payment is to be paid (Buyer) and the remaining KRW 60,000 is to be paid after completion.

The contract for the sale and purchase of land shall transfer the right to registration and proceed with new construction, confirm the completion of the building after completion, and pay the balance of KRW 100 million and the down payment of construction cost to KRW 60 million.

Since a seller has decided to construct a new building at his/her responsibility, he/she is responsible for and responsible for the construction without any defect. A's confirmation of January 16, 2014 is responsible for all the matters concerning the new building and is responsible for the completion inspection (construction).

Construction cost and estimate.

arrow