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(영문) 창원지방법원 2017.01.25 2016가합51491
건축물사용승인절차이행 청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s primary claim and preliminary claim shall be dismissed in all.

2...

Reasons

A. On February 21, 200, the Plaintiff purchased the instant site as a special contract for repurchase with D major 204 square meters (hereinafter “instant site”).

B. On February 16, 2015, Plaintiff B entered into a design and construction contract (hereinafter “instant contract”) with the Defendant for the construction of the second floor reinforced concrete building (hereinafter “instant building”) on the ground of the instant site, as indicated in the separate sheet, as follows.

2. Location of a building site: Purpose of new construction D3. Design 2: A first floor (living facilities/one household), second floor (second floor) structure: A building area of reinforced concrete structure: A building-to-land ratio (the area at the time of authorization and permission within 60%) (the area at the time of authorization and permission within 60%).

(b) Total floor area: A special agreement of 224.58 square meters: Floor area ratio (220% or less at the time of authorization and permission);

(zb)* Legally permitted area: Not more than 104.28§³ (Am. 31.6m.), not more than 21.65m2 (Am. 36.8m.) on one floor, and not more than 121.65m2 (am. 36.8m.) on a rooftop (excluding calculating areas) and a balcony 20.1m. (am.

함. 5.계약금액 : 일금 구천만 원정. 부가세 별도 *착공:30% 6.총금액 : 일금 삼억 원정. 부가세 별도 *국민은행 E 예금주 F ★특이사항 -본 공사는 CM방식으로 도급자(시행자-G건축사 사무소 대표 피고)가 시공자를 지정, 전체 사항을 진행, 준공하는 턴키공사로 g ks다.

*The implementer under the CM method is acting on behalf of the owner.

-This Agreement has been drawn up taking into account existing practices ( Project Owners-Implementations), and shall be substituted by accompanying documents by means of proof.

-This Corporation shall carry out under consultation, with the existence of a studio-related construction work.

The owner’s name “B” Plaintiff B designer B, “B,” and the timing of payment for the G architect B, “B,” and the base ratio (%) adjustment (%) adjustment ratio (%) amount, 30 million won (90,000,000 prior to the submission of commencement documents) in non-contractual contract amount, and the second floor completion completion announcement-1th 50% (50,000,000) in lieu of the down payment and the first 50,000,0000,0000 (2 times) after the first payment.

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