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(영문) 창원지방법원 2016.11.09 2016가합912
가등기에 기한 본등기절차이행 등
Text

1. The defendant shall be the plaintiff.

(a) Changwon District Court with respect to each real estate listed in separate sheet Nos. 1 and 2;

Reasons

Basic Facts

The Defendant contracted the Plaintiff the construction work of constructing a factory and office Dong (a factory A-dong 396 square meters, factory B-dong 495 square meters, factory resting room, 58.5 square meters, 1st floor, 92 square meters, 2nd floor, 92 square meters, and 32 square meters, hereinafter “instant factory and office Dong”) on the ground of the 603-1 square meters in Hanhae-si, Kimhae-si, Kimhae-si, and the construction cost was set at KRW 930,00,000 (excluding value-added tax).

The total construction cost has been changed to KRW 947,00,000,000 due to material changes during the construction process.

The Plaintiff received respectively down payment of KRW 93,000,000 for down payment, KRW 500,000 for progress payment ( June 15, 2015 and June 24, 2015), and KRW 57,700,00 for part of value-added tax.

On July 2, 2015, the Plaintiff completed the instant factory and office Dong and obtained approval for its use, and completed the construction of the second floor of the office on September 4, 2015 and obtained approval for its use.

On July 7, 2015, the Defendant prepared a notarial deed of debt repayment contract and provisional registration of July 2, 2015, a letter of performance of the obligation repayment to the Plaintiff for the total amount of KRW 427,00,000 (including value-added tax), loans of KRW 82,00,000, additional construction cost of KRW 13,200,000 (including alteration of bags and value-added tax), interest of KRW 15,00,000, total of KRW 537,20,200,000 by October 20, 2015, and certified as a letter of performance of the obligation repayment as around July 7, 2015.

On the same day, the Defendant repaid the Plaintiff the said KRW 537,200,000 to October 20, 2015, and paid damages for delay at the rate of 12% per annum to the delayed amount when delay is paid. In the event of failure to perform the said obligation, the Defendant prepared and issued a notarial deed of debt repayment contract No. 478, 2015 to recognize compulsory execution.

In order to secure the obligations stated in the above notarial deed, the defendant received on November 16, 2015 from the Changwon District Court, Kimhae registry, which was owned by the defendant in the future of the plaintiff.

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