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(영문) 서울중앙지방법원 2015.10.07 2014가합45862
저당권설정등기
Text

1. The Defendant exercised the right to demand the creation of mortgage on September 18, 2014 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff (former AF Co., Ltd., and subsequent rehabilitation procedures and mutual change; hereinafter referred to as “Plaintiff”) entered into a construction contract for the instant new apartment construction project (hereinafter referred to as “instant apartment construction project”) with the Defendant on December 19, 2007, for the construction cost for the new apartment construction project (hereinafter referred to as “new apartment construction project”) among the projects for constructing “AE apartment” (hereinafter referred to as “instant project”) between the Defendant and the Defendant on December 19, 2007. The construction cost for the new apartment construction project (hereinafter referred to as “the instant apartment construction project”) is KRW 67,070,382,000 (hereinafter referred to as “the construction cost per square year; KRW 3,00,000; value-added tax); the construction period is 30 months from the commencement date of the construction project contract for the construction project (hereinafter referred to as “the construction contract for December 19, 2007”).

section 2 of the General Terms and Conditions of the Contract for Construction Works dated December 19, 2007

3. Site area: 27,299 square meters;

4. Total floor area: 73,906С;

5. Scope of construction: Apartment houses, 452 households and accessory welfare facilities; and

6. The scale of construction: The above construction area, size, etc. of the 3rd floor above or above ground 17th floor (average 16th floor) shall be determined as the area obtained by the final approval of the project plan, but the construction cost and scope of the construction project may increase or decrease, such as the area, size, etc. when the design is modified or the construction is permitted. ① The contract amount on the written contract for construction project as to the total floor area shall be determined based on the drawings attached thereto, and the total sum of the contract amount on the written contract for construction project as to the total floor area shall be KRW 1,00,000,000 won,

(67,070,382,00 won; value-added tax separately); total floor area of KRW 3,00,000.

However, the above contract amount is the starting date of 2007, and the defendant and the plaintiff will separately consult and coordinate when starting after 2008.

(2) The scope of the Plaintiff’s contract construction cost and contract construction work for pure apartment complexes shall be limited to civil engineering, construction, electricity, facilities, landscaping, and other incidental and welfare facilities.

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