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(영문) 대구지방법원경주지원 2017.10.18 2017가단11448
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was based on the Daegu District Court’s Daegu District Court Decision 2017Ra76 Equipment Use Fees, etc.

Reasons

1. A project owner of basic facts: The Plaintiff (hereinafter referred to as “A”) and the contractor: The Defendant (hereinafter referred to as “B”);

1.With respect to the construction of housing C at racing, the following conditions shall be satisfied:

1) With respect to the construction, Gap and Eul shall promote the construction of housing by mutual trust and trust. 4) The construction cost shall be adjusted by 90% after the progress rate of the construction work (the completion of the construction inspection) and the construction cost shall be adjusted by 70% for Eul and in principle, the remainder after the completion of the construction work shall be paid to Eul.

2.With respect to two houses D in racing-si, the following conditions shall be satisfied:

1) A granted D’s housing construction permit to B, and adjusted the land value of KRW 320,000,000 after completion and completion of construction with respect to 26 square meters from 274 square meters of the land level. 2) In principle, after completion and completion of construction, the transfer income tax arising from two or more registrations shall be borne by B.

3) With respect to the above two houses, Gap shall delegate all the powers to Eul. 4) with respect to the above housing construction, sub-surveys, design, construction costs, costs of re-sale of houses, etc. shall be expenditureed by Eul.

On December 3, 2015, the Plaintiff and the Defendant decided to construct each house on the land C and D land owned by the Plaintiff and concluded a contract with the following contents:

(hereinafter “instant construction contract”). B.

According to the instant construction contract, the Defendant completed the construction of the housing on the ground C at the time of racing. However, there was a separate legal dispute between the Plaintiff and the Defendant regarding the housing construction cost on the ground C above.

On the ground of the land D (hereinafter referred to as the “instant land”), the construction was suspended when only a part of the civil construction works was performed.

C. Meanwhile, the Daegu District Court stated that the Defendant shall pay the Plaintiff the amount of KRW 21,00,000, in the process of leasing and using the scambling machine for the housing construction on the ground of the instant land.

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