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(영문) 서울서부지방법원 2013.11.29 2012가단222069
건물명도
Text

1. The Defendant shall pay KRW 158,495,00 from Company B, and 20% per annum from January 11, 2013 to the date of complete payment.

Reasons

1. Determination as to a request for the delivery of a building

A. The Defendant’s possession of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) does not conflict between the parties, or can be recognized by the statement stated in the evidence Nos. 1 and 2, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

B. The Defendant’s claim for the construction cost (1) B Co., Ltd. (hereinafter “B”) (hereinafter “C Co., Ltd. before the alteration”) entered into a sub-subcontract to the Defendant’s claim for the payment of the construction cost (hereinafter “C Co., Ltd.”) on Apr. 3, 2008, and the Defendant entered into a sub-subcontract to pay the construction cost (hereinafter “subcontract”) to the Defendant by setting the construction cost as KRW 115,00,000 for the incidental civil construction works (hereinafter “instant apartment”) among the new construction works of Seodaemun-gu Seoul and 1,36 units on land (hereinafter “instant apartment”) on which he was awarded a contract with the Defendant for the instant construction works (hereinafter “instant apartment”), and by fixing the construction cost as KRW 115,00,00 for the construction cost of the instant construction works (hereinafter “the instant construction works”). The sub-subcontract to the Defendant on Apr. 3, 2008, the sub-subcontract to directly pay the construction cost (hereinafter “subcontract”) to the Defendant”).

(2) In addition, around April 2008, B entered into a construction agreement with the Defendant to directly subcontract the instant construction work (hereinafter “additional subcontract agreement”) with the Defendant, setting the construction cost of KRW 66,00,000 as the additional construction work related to the instant construction work (hereinafter “instant additional construction”).

(3) On November 2008, the Defendant performed the instant construction and additional construction work, and on the instant apartment.

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