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(영문) 의정부지방법원 2017.09.08 2016나61710
소유물방해제거 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 1, 2011, the Defendant entered into a construction contract with C to construct one factory Dong and one unit on the ground of the real estate listed in paragraph (2) of the attached Table No. C owned by C (the land category before the land category is changed to a factory site on May 18, 2012; hereinafter “instant land”).

(hereinafter “instant contract”). The main contents of the instant contract are as follows:

3. Commencement date of construction: June 2011;

4. Scheduled date of completion: 90 days after the second construction commences, August 30, 2011.

5. Construction amount: (1) Construction amount: 232,00,000 won (including additional construction works): 274,343,000 won (including additional construction works). (3) Incidental construction works. (4) Total sum: 550,843,000 won (excluding additional construction works).

7. The intermediate payment (including value added tax): 125,00,000 won (5.1. 49% of the construction amount): 80,000,000 won (5.1%) 3 (5. 31% of the construction amount): 50,200,000 (5. 1. 20% of the construction amount): 175,363,650 (5.2. 5% of the construction amount) 175,218,190 (5.2. 30% of the construction amount): 105,218,190 won (5.2. 30% of the construction amount): 70,50,000 won (5. 30% of the construction amount): 70,14,54,650 won (5. 30% of the construction amount) and 25% of the construction amount; and

9. The rate of liquidated damages: 1/1,000 of the amount of delayed construction (including the value-added tax) per day; 0.1% of the unpaid amount per day (including the value-added tax).

B. In accordance with the instant contract, the Defendant is a building of three detached houses (10.89 square meters on the first floor, 2.41 square meters on the second floor, 3 stories, and 61.5 square meters on the third floor) of a reinforced concrete structure (1st floor) on the ground of the instant land pursuant to the instant contract (hereinafter “instant housing building”) and a Class II neighborhood living facilities (1st floor, 208.1 square meters on the first floor, 102.6 square meters on the second floor) of a general steel structure reinforced concrete roof.

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