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Reasons
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(영문) 대구지방법원포항지원 2014.01.21 2011가단6876
근저당권등기말소 등
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On March 2008, Defendant Company awarded a contract for construction work between Defendant Company and C (hereinafter “instant construction work”) to build a golf range (hereinafter “instant golf range”) on the ground outside D/ Dong-dong and one parcel of land (hereinafter “instant construction work”).

(2) However, static Construction was processed in default on October 208, and the instant construction was interrupted when the arrangement of steel bars and upper steel bars on the fourth floor, the 3rd floor of the 4th floor, and the arrangement of steel bars on the 4th floor of the 4th floor, respectively, was completed, and concrete strawing construction was completed.

(3) On April 7, 2009, the Defendant Company ordered the instant construction work to C again, but the main contents and the terms and conditions of the construction contract entered into at the time (hereinafter “instant special agreement”) are as follows.

1. Construction name: (B) Construction work for a golf practice range (the second design modification, the third design modification);

2. The construction site: D and one parcel, both of which are located in the Gyeong-si, Gyeong-do.

3. Date of commencement: April 08, 2009.

4. Date scheduled for completion: October 08, 2009 (see separate schedules).

5. Contract amount: The value of supply in the form of KRW 3,369,000,000 in the form of KRW 3,369,000 in the form of daily gold (including VT): The value of supply in the form of KRW 3,000,000 in the form of daily gold (Won 3,062,727,273) shall be KRW 1,000 in the form of KRW 3,000 in the form of KRW 30,000 in the form of daily gold (Won 306,272,727). Notwithstanding the general terms and conditions of this contract, the following special contract terms shall prevail:

5.Matters excluded from the contractual drawings are:

5-4. The A (Defendant Company; hereinafter the same shall apply) shall enter into force on the A (the Defendant Company).

Provided, That the construction of the final concrete and the construction of hot water circulation and heating shall be executed by the "B" (C; hereinafter the same shall apply).

5-12. The steel tower shall enter into force “A”.

Provided, That the steel tower shall be built by the "B".

5-14. L-type retaining wall a drainage way from the upper end of the retaining wall.

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