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(영문) 울산지방법원 2017.08.17 2015가합3859
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 8, 2017 to August 17, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company engaged in real estate development, consulting service, housing construction business, etc., and the Defendant is a company engaged in construction business, etc.

B. On April 22, 2013, the Plaintiff entered into a land trust contract for sale-type land by designating the truster as E and F, the beneficiary as the Plaintiff, and the trustee as the Cocoin, Ltd., a land trust contract for sale-type land with regard to the construction and sale of the instant officetel with respect to the business of newly constructing and selling the 1st underground floor and the 20th above ground surface (hereinafter “instant officetel”) on the land outside Ulsan-gu, Ulsan-gu, Seoul and two parcels.

C. On April 26, 2013, the Defendant lent KRW 900,000 to the Plaintiff for the purpose of cancelling the registration of the establishment of a neighboring establishment of an officetel and the lessee’s name, etc. The Defendant jointly and severally guaranteed by E and the Plaintiff’s intra-company director.

1) Coin’s conclusion of a contract and completion of construction are: (a) the period of construction with the Defendant on May 20, 2013 is from July 2013 to February 2, 2015; and (b) the construction cost is KRW 16,945,00,000 (excluding value-added tax) and each contract for construction of officetels (hereinafter “instant contract”).

(2) On June 17, 2015, the Plaintiff: (a) increased the construction cost of the 200,000-in total by KRW 17,883,00,000; and (b) the new construction corporation was completed on September 23, 2015.

E. On the other hand, the construction site for the construction of officetels is adjacent to the land H and the land I (hereinafter “each of the instant land”). The owners of each land and each of the ground buildings (hereinafter “each of the instant damaged buildings, etc.”) filed an application for a temporary injunction on March 26, 2014 for the suspension of construction works for the new construction of an officetel, and received a decision on temporary injunction on June 3, 2014.

(Ulsan District Court 2014Kahap252). (f) Purchase cocon, such as each damaged building of cococon, shall be June 2014.

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