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(영문) 서울동부지방법원 2020.01.31 2019가단109255
명도소송
Text

1. Defendant B’s KRW 17,00,000 as well as 5% per annum from June 6, 2019 to January 31, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant C, along with D, owned a lot of land E 100.2 square meters (hereinafter “instant one”) in Gwangjin-gu Seoul Special Metropolitan City, and Defendant B, together with F, shared with G 100.2 square meters (hereinafter “instant land”).

B. On April 13, 2017, the Defendants, as joint owners, concluded a construction contract with H Co., Ltd. (hereinafter “I”) under which the construction work of a new building on the instant 1 and 2 land (hereinafter “instant construction work”) was executed for the construction cost of KRW 1,079,00,000 (including additional taxes) and the construction period of KRW 1,079,000 (including additional taxes) and from April 13, 2017 to October 13, 2017.

(hereinafter “instant contract”). (c)

I subcontracted the instant construction to the Plaintiff on June 7, 2017, with the construction cost of KRW 161,90,00,00 and the construction period of KRW 161,90,00 from June 1, 2017 to July 30, 2017. For the said construction, the Plaintiff leased the instant construction from the representative K to the Plaintiff as the lease period of KRW 30,960,00 from May 8, 2017 to September 10, 2017.

The Defendants paid to I KRW 500,000,000 out of the agreed construction cost as advance and had the construction progress. The Defendants completed the 1st floor concrete building theory during the instant construction work and suspended construction work around June 30, 2017, where the 2nd floor construction was in progress.

The Defendants urged I to resume the work as soon as possible; I demanded I to resume the work.

8. 24. In the event that the Defendants are unable to complete construction works by October 13, 2017, the Defendants shall be paid penalty for delay, and in the event that construction works are not completed by December 31, 2017, the instant construction works shall be waived, and additional construction costs shall be borne by I.

“Preparation and delivery of a letter of content” has been made and made.

E. However, even after that, I did not continue construction, and the Defendants were to terminate the instant contract with I on September 7, 2017.

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