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(영문) 대전고등법원 2015.10.14 2014나2318
근저당권말소
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim for cancellation of the right to collateral security registration, and the Defendant filed a claim for a counterclaim against the payment of the construction price. The claim was dismissed and the counterclaim was partially accepted, and it is evident that the Plaintiff filed an appeal only for the cited part of the counterclaim.

Therefore, only the counterclaim claim is subject to the judgment of the court, and it is judged on it.

2. Basic facts

A. The composition of the instant promotion committee and the conclusion of the instant contract 17 enterprises, including the Plaintiff and B (C) shall jointly construct a factory site in the entire land owned by each enterprise of Lilwon in the Sinjin-si, and the committee for promotion of building the factory site (hereinafter “instant promotion committee”).

(2) On April 20, 2012, the instant promotion committee held a meeting on April 20, 2012, and agreed to select the Defendant as a construction company of the expected total construction cost of KRW 1.8 billion for the construction work of the factory site site (hereinafter “instant construction work”).

At the time, the representative F of the Plaintiff participated in the above meeting and affixed a seal on the meeting called “the instant construction project financing plan and corporate selection.”

3) According to the above consultation, the representative B of the said 17 enterprises shall be the construction period between April 30, 2012 and October 30, 2012, and the construction cost of 1.8 billion won (excluding value-added tax) between the Defendant and the Defendant on April 25, 2012, and the contract for the instant construction project (hereinafter “instant contract”).

B) The Defendant’s progress of the construction and the instant committee’s consultation on sharing the construction cost of the instant construction 1) the said 17 companies agreed to share the construction cost according to the ratio of the site size of each company’s factory site, and accordingly, B adjusted the share amount of the construction cost of KRW 1,506,94,464 (including value-added tax) that was not paid until November 22, 2012 and jointly managed by each of the above companies.

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