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(영문) 춘천지방법원 2016.07.05 2014가단5510
건물명도
Text

1. The Defendants shall deliver the real estate listed in the attached Form to one asset trust company.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

(b) repair of all defects on the first to fifth floor and construction in accordance with the drawings and specifications, and shall be ordered as soon as possible to dispose of the defective parts. If the project owner's arbitrary disposal of the defective parts and the cost of repair shall be deducted from the cost of construction by requesting the specialized agency to calculate the cost of construction;

2.The payment method of the Corporation shall be made by means of a loan of financial rights after completion of the Alley project.

3. Materials to be paid to the project owner shall be collected and deducted from the construction cost; and

On the other hand, the defendant is fully responsible for the material and the construction is resumed after the re-contract is made.

It shall be notified that the delay compensation occurs by the date of preparation of the re-contract or by the date of submission of a written waiver.

4. When the suspension of construction is performed for at least five days due to a cause attributable to the defendant under the condition that the construction be completed by August 2012, the defendant shall waive the construction, withdraw the construction at the site, and waive the lien, and the construction cost shall be subject to civil and criminal liability when the promise is not performed. * Additional construction cost: 30 million won

D. After that, Defendant B demanded the Plaintiff to pay the balance of the construction price of this case, Defendant B discontinued the instant construction work on or around August 31, 2012.

Accordingly, on November 29, 2012, the Plaintiff continuously urged the above Defendant to complete the construction work, but notified the Defendant that “The Defendant failed to complete the instant construction work by August 2012, 2012, as the Defendant did not comply with the request.”

E. Around August 27, 2014, the Plaintiff filed a lawsuit against Defendant B relating to the instant construction project (Seoul Central District Court 2014Gahap56268). Accordingly, the said Defendant filed a counterclaim against the claim for construction cost (Seoul Central District Court 2014Gahap56275).

F. In the foregoing case, on February 18, 2016, Defendant B related to the instant construction project, in lieu of the defect repair of the instant apartment, KRW 59,220,854.

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