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(영문) 서울중앙지방법원 2018.11.28 2017나68280
소유권이전등기절차이행 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant C.

Reasons

1. Facts of recognition;

A. C Co., Ltd. and F Co., Ltd. and C Co., Ltd. (1) concluded and performed the contract for construction works of the Plaintiff and C Co., Ltd. (C: D Co., Ltd.; hereinafter “C”) were engaged in the new construction and sale of the 4th underground floor and 7th floor above the ground located in Seocheon-si, Seocheon-si, Incheon (hereinafter “instant commercial building”).

(2) On April 15, 2003, C entered into a construction contract with F Co., Ltd. (hereinafter “F”) under which the instant construction project was contracted to F (hereinafter “instant construction contract”). Article 19(5) of the instant construction contract stipulates that “If the construction cost of G apartment H-M complex (C was in charge of a project operator’s agent for G H-M complex construction project) falls short of the financial resources for the construction cost and payment method, it shall be paid as the sales price of the instant project.”

(3) The “F” is the start-up construction of the instant commercial building and the new construction of the G apartment that is the project implementer’s agent, and the construction cost of each new construction is indicated as follows. C pays the construction cost of the instant new commercial building to F, and on January 3, 2007, it did not pay KRW 1,005,148,577 out of the construction cost of the new commercial building of the G apartment.

The supply price of value-added apartment G 123,01,61,321,621,163 won in the instant commercial building of KRW 125,628,724,585,194,104,100 won in the instant commercial building of KRW 34,313,514,400 in the instant commercial building of KRW 319,410,400 in the amount of KRW 34,313,514,40 (4) as of May 2, 2003; the Plaintiff’s total sale price of KRW 760,50,000 in the instant commercial building of KRW 123,07,40 in the instant commercial building of KRW 20,000 in the aggregate sale price of KRW 15,00 in the instant commercial building of KRW 305,00 in the performance price of KRW 20,500 (the performance price of the intermediate payment of KRW 26,76,015,201,205

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