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(영문) 인천지방법원부천지원 2019.04.10 2017가합102609
소유권이전등기
Text

1. Defendant B Co., Ltd. is as of April 13, 201 with respect to each real estate listed in the separate sheet 1 and 2, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter referred to as “F”) with the lapse of the construction work of a new studio Etel in the Chungcheongbuk-gun;

) The Do Officetel on the ground Etel (hereinafter referred to as the “instant building”) from G.

Defendant B Co., Ltd. (hereinafter “Defendant B”) on September 16, 2010 after being awarded a contract for a new construction work.

(2) Defendant B subcontracted to H Co., Ltd. (hereinafter “H”) on October 15, 201, the construction cost of the fire-fighting equipment and fire-fighting equipment and installation work as KRW 605,00,000 (value 55,000,000,000 for construction cost); the construction period from September 15, 201 to September 30, 201; and the payment period from September 25, 201 to October 25, 201; and (2) Defendant B subcontracted the construction cost of the fire-fighting equipment and installation work from F to H Co., Ltd. (hereinafter “H”) for the construction period of KRW 170,50,00 for the construction cost of the construction work (value 15,00,000,000 for construction cost of KRW 15,50,000 for value 15,50,000 for value-added tax) until September 30, 2011.

3) On April 15, 201, Defendant B: (a) between G and F on April 15, 2011, 30% of the contract amount to be paid by G to F is each of the real estate listed in the separate sheet 1 and 2 of the instant building (hereinafter “each of the instant real estate”).

(4) The construction of additional electrical equipment and fire-fighting equipment was required for the approval of use of the building of this case, and the Defendant B re-subcontracted the construction of additional fire-fighting equipment to H during the said construction.

On June 7, 2011, Defendant B sent a written notice to F to the effect that it would recognize KRW 72,813,995 (excluding value-added tax) as additional construction cost. F and Defendant B written statement to the effect that “The instant additional construction cost is KRW 65,000,000” (i.e., the additional construction cost of KRW 40,000,000,000 for electrical equipment and installation additional construction cost of KRW 25,00,000) shall be paid at the time of payment of the remainder of the construction.”

5 New Construction of the instant building was completed in August 201, and it was completed on September 2, 2011.

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