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(영문) 서울고등법원 2019.11.01 2019나2002412
건물명도(인도)
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The conclusion of the instant construction contract and the payment of the construction cost 1) Where both the Plaintiffs and the Plaintiffs’ mother A (hereinafter referred to as “Plaintiff, etc.”) are referred to as “the Plaintiffs, etc.”

2) On May 2, 2016, the Co-Defendant D Co-Defendant D Co-Defendant D Co-Defendant D Co-Defendant D Co-Defendant D Co-Defendant (hereinafter “D”).

) Construction of a multi-household house with five-story above ground on the land of 154.9 square meters in Seocho-gu Seoul and Seocho-gu Seoul Metropolitan Government (hereinafter “instant construction”).

(i) the contract amount of KRW 500 million (including value-added tax; hereinafter the same shall apply);

(2) As to the completion date of the instant construction contract, each contract is concluded on December 31, 2016 (hereinafter referred to as “instant construction contract”).

(2) Of the terms and conditions of the standard contract for private construction works (hereinafter “general terms”) incorporated into the instant construction contract, the part relating to the instant case is as follows.

Article 34 (Cancellation, etc. of Contract for Private Construction Works) (1) A contractor may cancel or terminate all or part of the contract in any of the following cases:

1. Where the contractor fails to commence construction even after the lapse of the agreed commencement date without any justifiable reason;

2. Where it is evident that there is no possibility to complete the construction works within the completion date due to the reasons attributable to the contractor.

3. Where the penalty for delay arrives at the amount equivalent to the contract deposit under Article 30 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Where it is deemed that the purpose of the contract can not be achieved due to the violation of the contract terms and conditions.

(3) Every contractor shall be notified of the cancellation or termination of a contract under paragraph (2).

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