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(영문) 대구지방법원 2017.05.19 2016가합203920
건축에관한 소송
Text

1. Defendant B Co., Ltd. is the owner of the building permit stated in the attached Form “Building Permit” to the Plaintiff.

Reasons

1. Basic facts

A. On October 22, 2002, the Defendants obtained a building permit with the same content as the “Building Permit” stated in the attached Form on the ground of four lots of land, 1,533 square meters (hereinafter the following land, which is a site for building permission, on the ground, from a permanent viewing of permanent residents (hereinafter only the lot number is indicated). The main contents are as follows:

(hereinafter “instant building permit”). A building owner (the Defendant) B-D-related land number E, 1279 square meters F, 33 square meters G, 112 square meters G, and 109 square meters H of 109 square meters in the name of an I apartment-use multi-family housing with the building area of 59.15 square meters in the total floor area of 4,986.5 square meters, 319.07 percent in the volume of the building area of 906.87 square meters in multi-family housing for main purpose

(b) ,

Land was owned by Defendant C at the time of the instant building permit. Around April 3, 2003, the Defendant Company purchased from Defendant C and completed the registration of ownership transfer on May 6, 2003, and was merged into land on June 18, 2003.

The area after the merger is 1421 square meters.

C. Land was owned by Defendant D at the time of the instant construction permit, and each ownership transfer registration was made in the future on October 9, 2006 due to the sale by voluntary auction, which was conducted on May 17, 2016 at the time of permanent residence on the ground of consultation on public land acquisition.

On October 22, 2013, the Plaintiff entered into a contract with the Defendant Company for the supply of and demand for new construction works based on the instant building permit (hereinafter referred to as “instant construction works”) from November 5, 2013 to June 30, 2015 by setting the construction period of KRW 9.54 billion as the total construction cost, and from October 23, 2013 to June 20, 2015. The Plaintiff entered into a contract with the Defendant Company for the supply and demand of KRW 30 million around October 23, 2013, and from January 28, 2014 to January 28, 2014.

3. By December 24, 2000 each lent 65 million won.

E. On May 9, 2014, the Plaintiff drafted a written agreement with the Defendant Company as follows:

(A) No. 7, hereinafter referred to as "the instant agreement". The representative director of the B, who is the executing company of the instant construction, shall take measures to ensure that the K starts up until May 14, 2014, and if the agreement transfers all the authority for the event of a fishway to A (Plaintiff).

(b).

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