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(영문) 인천지방법원 2014.02.21 2013가합1729
공사대금
Text

1. Defendant C Co., Ltd.: (a) KRW 105,00,000 for the Plaintiff and 5% per annum from September 27, 2011 to June 28, 2013; and (b) 2013.

Reasons

1. Basic facts

A. Trading land, etc. between D and E 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(E) On August 13, 2007, from Defendant B’s wife, E and E’s female residents, F, G, H, I land (E, D respective 1/2 shares, hereinafter “instant land”).

(B)An unsatisfyed building and its ground (at the time the structural construction was completed up to six floors on the ground).

In concluding a contract to purchase KRW 850,00,000 and/or material parts, E and D paid the down payment of KRW 200,000,000 on the date of the contract, and the intermediate payment of KRW 600,000,000 after Defendant C’s completion of the registration of ownership transfer with respect to the land of this case, Defendant C acquired the secured debt of KRW 600,000,000, which is the secured debt of the right to collateral (the secured debt of KRW 825,000,000,000, which is the secured debt of the land of this case, and paid KRW 50,000,000,000 in lieu of the payment of the purchase price. 2) Under the above sales contract, D and E pursuant to the Incheon District Court’s receipt of the land of this case under the name of Defendant C on September 5, 207, and delivered the registration of ownership transfer under the name of the owner of the land of this case.

B. On October 11, 2007, the Plaintiff entered into a contract for construction and completed construction between the Plaintiff and the Defendant C, and the Plaintiff entered into a contract for construction and completed construction works between the Defendant C and the “J apartment construction works” on the instant land (hereinafter “instant construction works”).

(1) As to the construction period, a contract providing that the construction amount shall be KRW 170,00,000 (including value-added tax) and the construction amount shall be KRW 170,000 (including value-added tax) and the construction amount shall be paid as a substitute (hereinafter “instant construction contract”).

A) On November 12, 2007, Defendant C entered into a new building on the instant land (hereinafter “instant building”) with Defendant C.

(2) Of them, the Plaintiff agreed to receive 302 as a substitute. (2)

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