Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. As of May 12, 2010, the Plaintiff and the Defendant concluded a contract for construction work with three and 36 households of apartment houses (D apartment houses; hereinafter “instant building”) on the land outside B and five parcels (current lot number C) owned by the Defendant, in lieu of the payment of the construction cost (hereinafter “instant contract for construction work”).
The main contents of the instant construction contract are as follows.
5. Scheduled date of completion: The area stated in the special agreement;
7. A completed amount: A substitute (general conditions of a contract for construction works) entered in a special agreement; and
1. The materials to be used in the Project shall be determined through consultation between the Plaintiff and the Defendant.
2. A finish shall be constructed in the first floor of the relevant site and, in principle, in the following sample households confirmed by the plaintiff and the defendant, in principle, in the previous household units, and the size, color, model, etc. of materials to be used for the sample household shall be constructed in consultation with the plaintiff and the defendant
Article 4 (Modification of Designs)
1. The defendant shall execute the construction in accordance with the design documents and permission standards.
2. The plaintiff and the defendant may modify designs through consultation for the convenience of construction.
3. No addition to this building may be allowed.
Article 5 (Payment of Construction Costs)
1. The present Corporation shall be determined by consultation between the Plaintiff and the Defendant as a final shares.
2. The payment of the construction price shall be made in collective housing in the relevant field (each household by Dong and by floor), and the household units by Dong and by floor shall be determined in consultation with each other, and shall be stated in the matters stipulated in a special agreement;
(All matters concerning the payment of the price shall take precedence over the special agreement.
3. The plaintiff shall immediately provide the defendant with all necessary documents related to the construction project from the permission to the completion date.
4.The method of the payment for the construction cost shall be the interest rate for each of the co-owned household units in the same manner as in the separate sheet.
5. The Plaintiff and the seller of buildings in units.