(영문) 창원지방법원 2017.02.09 2016가합52401

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(영문) 창원지방법원 2017.02.09 2016가합52401

소유권확인

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumed factual basis

A. The Plaintiff was part of the co-owners of Seongbuk-gu D land in Changwon-si (hereinafter “instant land”).

B. Co-owners of the instant land, including the Plaintiff, decided to newly construct the instant building on the instant land as indicated in the separate sheet (hereinafter “instant building”), around 1989, with co-owners as the owner of the instant building granted a building permit regarding the instant building. On May 9, 191, E Co., Ltd. (hereinafter “E”) contracted the construction work of constructing the instant building, and agreed on the construction cost, etc. as follows.

[2] Article 1 (General Provisions) 2 of the Act provides that a contractor shall be a person who is delegated all the powers from the entire prop to the contractor, and the contractor shall not hold any consultation, negotiation, decision, etc. except for the contractor who is delegated by the entire props, and shall not comply with any direction. 3) The contract shall be effective from the date when the contractor has submitted to the contractor a notarized power of attorney delegated by the entire props and submitted to the contractor.

5) The area of the entire floor except the first, second, and third floors, which are the shares of the contractor, shall be Daejeon for the construction cost of the contractor. 6) The shares of the contractor except the second, second, and third floors shall be sold in the name of the contractor, and the contractor shall submit without delay the documents required for the sales contract to the contractor.

The payment guarantee of Article 2 (payment guarantee of progress payment) shall be issued within 50 days under the responsibility of a contractor by establishing a collateral security for the site of the project.

Article 4 (Method of Payment of Contract) The amount of construction work shall be determined by the contract amount of all the floors except the first, second and third floors on the ground which are the shares of the contractor, and the amount of construction work shall be received from the whole shares of the contractor.

§ 8. (Contract Deposit) Construction works of contractors

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