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(영문) 부산고등법원 2020.07.23 2020나50488
채무부존재확인
Text

1. Of the principal lawsuit of the judgment of the court of first instance, the part concerning the claim for the delivery of real estate and the removal of ground property in the attached Form A.

Reasons

. A contract to purchase KRW 2 billion was concluded with L and six other.

2) On February 10, 2010, N, etc. entered into a contract with the Defendant for civil engineering works (hereinafter “instant construction contract”).

(A) The main content of the contract is as follows (No. 2). The contract shall be “self-construction contract on February 10, 2010”

(2) The term “A” and “B” under the name of “A” and the Defendant of “B” under the name of “B” and “B” under the agreement of each other. - This Agreement is divided into each real estate indicated in the indication of the real estate attached to A, X X, Gyeong-si, Gyeong-si, the place of business, and then divided into real estate indicated in the following:

1. The location of the construction shall be 3 lots outside X-si, Gyeongbuk-si, and the size of the construction shall be 7,080 square meters in the size of permission;

2. The unit cost of the construction project shall be 26,964 won per square meter (p. 88,938 won), and the unit cost shall include net construction cost (materials cost, labor cost, expenses), and general management cost, and the value-added tax shall be separately imposed, and the scope of the construction project shall include the site construction work for one site of three parcels outside X, and all appurtenant construction work thereto.

5. An advance payment shall be made in nonexistent, and the land expenses shall be paid in preference to the occurrence of a loan from a financial institution after the completion of construction;

6.B may terminate the contract of this Corporation at the time of the delay in the construction for more than seven (7) days during the construction period, and any damage arising therefrom shall be borne by B and B, and B shall not exercise any right such as a lien, and B shall waive this construction.

8. A claim for the increase in construction expenses due to increase in personnel expenses, price, etc. shall be made;

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