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(영문) 서울고등법원 2016.09.23 2014나2046325
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant B shall be revoked, and this case shall be subject to the above revoked part.

Reasons

1. The following facts in the summary of the case are found to be either in dispute between the parties or in combination with the purpose of the entire pleadings in Gap evidence Nos. 1 through 5, 7, 10, 15, 16 (including the number, if any, hereinafter the same shall apply) and Eul evidence No. 4:

A. In 209, the Plaintiff was awarded a subcontract for the inside, outside, and outside, 50 households of F building, a tenement house built on the ground of Pyeongtaek-si Co., Ltd. (hereinafter “D”) and 19 parcels.

B. On December 26, 201, the Plaintiff agreed to receive payment in lieu of the construction cost from D, a contractor, and from the Defendants, the owner, the Plaintiff, to receive payment in lieu of the payment in lieu of the construction cost, six households (Nos. 201, 202, 203, 301, 302, 302, and 303; hereinafter “six households”) of the F Building, and drafted a sales contract for the instant six households.

C. After that, the Plaintiff filed an application for provisional disposition against the instant six households, which had been unregistered on October 11, 2012, with respect to the right to be preserved, as “right to claim the registration of ownership transfer under a sale contract,” and filed an application for provisional disposition against the disposal of real estate with the Suwon District Court (2012Kadan35555). On December 17, 2012, the registration of ownership preservation was completed in the name of the Defendants with respect to the instant six households and the pertinent provisional disposition was completed at the same time.

On May 1, 2013, the Plaintiff filed an application for the rescission of provisional disposition with respect to the instant six households to ensure that the registration of each provisional disposition is revoked. On August 2013, the Plaintiff drafted a “Agreement for the Completion of Construction Works with the Defendants” (Evidence A No. 4; hereinafter the “Agreement”).

Agreement for the completion of the Frand Construction

1. “A” (the Defendants, who are the owners of land; hereinafter the same shall apply) shall, with the cooperation of the gold Savings Bank, which is the principal creditor bank, raise funds for the remaining construction works in the name of B and C in the name of 103 units in the name of Pyeongtaek-si H and five parcels, and “B” (the plaintiff, hereinafter the same shall apply) shall be subject to the control and consultation between B and the contractor (I).

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