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(영문) 서울중앙지방법원 2019.08.20 2018가단5178508
소유권이전등기
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. As to the houses listed in the separate sheet, Defendant Co., Ltd.

Reasons

1. Determination on Defendant Company

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to Defendant B

A. In fact, on August 23, 2016, Defendant B awarded a contract for the construction of a new house D D at Jeju-si with the Defendant Company for the construction cost of KRW 2.86 million, and the amount equivalent to KRW 80 million out of the construction cost obligation to be borne by the Defendant Company under the above contract was to be substituted for payment by transferring two ownership among the detached houses to be constructed by the Defendant Company. After that, Defendant B concluded the above contract and concluded the said contract again with E Company. The Defendant Company decided to execute the subcontract again, and the said payment agreement was to be maintained for the purpose of partial repayment of the construction cost. However, as a part of the contract was conducted by the Defendant Company and it was difficult for the Defendant Company to undertake the construction as it was bound by the substantial representative of the Defendant Company, the Defendant Company agreed with the above E on February 26, 2018, and concluded a contract with the Defendant Company for the construction cost of KRW 930,210,000,000 with the Defendant Company at that time, and the Plaintiff was paid the remaining amount between the Defendant Company and the Plaintiff Company 1616 billion.

B. According to the above facts of recognition, the above subcontract was rescinded by the Defendant Company after suspending construction work, and the remaining construction cost has been settled up to the end.

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