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(영문) 서울남부지방법원 2012.11.06 2009가합16927
공사대금등
Text

1. All of the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit are succeeded by succession.

Reasons

1. Basic facts

A. The facts pertaining to the construction cost (1) The plaintiff is a company engaged in an engineering work, structure dismantling work, sales agency work, etc., and the defendant is a company engaged in housing construction work and construction work. On December 26, 2005, the plaintiff received from the defendant the contract price of 360 million won (excluding value-added tax) from the part of the civil construction work among the construction work of the new construction work of the apartment residential facilities and the new construction work of the apartment residential facilities in Gangseo-gu Seoul Metropolitan Government on the ground of the Gangseo-gu Seoul Metropolitan Government on August 23, 2006, (2) on August 23, 2006, the removal of the new construction work of the apartment residential facilities and the part of the civil construction work (hereinafter referred to as the "F construction work") from among the new construction work of the apartment residential facilities in the Gangseo-gu Seoul Metropolitan Government on the ground of the Gangseo-gu Seoul Metropolitan Government on February 24, 2007 (hereinafter referred to as the "G construction work"), and completed the construction work (including value-added work).

(2) On June 4, 2007, the Plaintiff entered into an agreement between the Defendant and the Defendant on the following terms: (a) the sales price of the I Apartment-Ground and four parcels, namely, KRW 50 million, set at KRW 450 million; and (b) the payment of the construction price shall be paid in kind (hereinafter “Agreement on Payment in Kind”) at KRW 450 million.

Article 15 (Special Agreement) (1) Conditions for the payment of the purchase price shall be the conditions of the plaintiff's construction cost in lieu of the plaintiff's construction cost.

(3) The construction period of the Plaintiff shall be up to July 10, 2007.

(3) On July 13, 2007, the Defendant completed the registration of ownership transfer with respect to I apartment 503 to J designated by the Plaintiff. However, the Defendant was a “Korea Bank (hereinafter “Korea Bank”) established on I apartment 503.

) The Plaintiff’s right to collateral security under the name was cancelled by subrogation of the Defendant’s debt KRW 120 million. (4) On the other hand, the Plaintiff K.

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