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(영문) 대전지방법원천안지원 2020.09.24 2019가합105293
계약금 반환 등
Text

The plaintiff's primary claim against the defendants, the first preliminary claim, and the second preliminary claim against the defendant C Co.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of housing construction, sale in lots, etc., and Defendant B Co., Ltd. (hereinafter “Defendant B”).

Defendant C Co., Ltd (hereinafter “Defendant C”) is a company established for the purpose of a contract for civil works, housing site development, etc.

(2) Defendant B and the Plaintiff are companies established for the purpose of the trust business of real estate and movable property.

As seen in paragraph (1), each land listed in the separate sheet (hereinafter “instant land”) and its appurtenant rights were concluded, and Defendant C entered into a trust agreement with Defendant B with respect to the instant land and managed the ownership of the said land by acquiring the ownership of the said land from Defendant B, as follows.

As seen in the paragraph, the Plaintiff entered into a sales contract for the instant land.

B. 1) A owned the instant land along with E Co., Ltd., but entered into a construction contract with Defendant B on January 11, 1990 with the content that the instant building was newly built on the instant land, 5 underground floor and 20th floor above ground. D filed a commencement report on May 25, 1990 regarding the said building construction, and F Co., Ltd. (hereinafter “F”).

On July 13, 190, after the establishment of the contract, the status of the contractor under the above contract was transferred to F with the consent of Defendant B. On July 26, 1990, the construction permission was granted from the Hanyang market on July 26, 1990. (2) Defendant B entered into each contract for the alteration of the contract with F on May 24, 1991, June 7, 191, and June 22, 1991, and constructed structures from the 5th underground to the 1st underground floor (hereinafter referred to as the “construction of the instant underground objects”) on the instant land in accordance with the above contract, and thus the construction work was suspended on October 1992, since F did not receive the construction payment from F.

C. Defendant B’s claim for the construction cost as to the instant land.

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