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(영문) 수원지방법원평택지원 2017.10.19 2016가합10270
채무부존재확인
Text

1. On September 4, 2014, Pyeongtaek-si Co., Ltd. and 662 square meters on the part of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

(b) made up;

As a result of the completion of construction works, J, the plaintiffs Eul: the defendant, K, and Eul entered into a standard contract for private construction works between them on September 4, 2014 and Eul, and the construction was suspended and the scheduled date of completion of the construction works ( January 31, 2015) was one of the following. At the time when the construction is resumed under the mutual agreement between Gap and Eul, in accordance with the principle of trust and good faith, as follows:

- - Future -

1. Eul may not, without Gap's permission, set up the site or suspend the construction work, and recognize that the reasons other than the suspension of the construction work due to a natural disaster should not be clear.

(Provided, however, that the date of completion of the construction shall be determined and that if the construction is not completed on the date of completion for any reason, the construction delay compensation shall be deducted at 0.3% of the total amount of the construction per day.

* The construction period: the completion date date from February 23, 2015 to June 30, 2015

3. B shall transfer the two land of Pyeongtaek-si F (E ownership) and H (G ownership) received as down payment from Gap, and shall transfer the debt to another debtor, and shall also be liable for the interest.

In addition, with respect to the land under construction B, the remainder of construction costs on each land before the commencement of the re-construction shall be established and the reconstruction shall commence after the re-construction is established.

4. Eul shall be liable to Eul's subcontractors and subcontractors for all the liabilities relating to the above two buildings in order to prevent damage to Gap by exercising the right of retention on a building and a claim for construction cost arising from the failure to pay the construction cost after completion of the construction work in C Dong and D B.

F. On June 4, 2015, the registration of ownership transfer was made in the name of L according to the Defendant’s request on the land of Pyeongtaek-si on May 15, 2015 due to the purchase and sale as of May 15, 2015. On January 5, 2016, the sale was made on December 31, 2015.

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