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(영문) 서울고등법원 2018.04.24 2018나2003180
공사대금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On November 16, 2011, the Defendants: (a) concluded a contract with the Plaintiff on the construction period of “the construction work of newly constructing two urban-type residential housing units with the second underground floor and the fourth floor size above the ground (hereinafter “instant construction work”); and (b) the contract amount of KRW 2.257 million from November 17, 201 to July 31, 201; and (c) the contract amount of KRW 2.257 million (excluding value-added tax) with the Plaintiff.

(hereinafter “instant contract”). However, it is unclear as to whether the instant contract was “land category” from the time when the instant contract was concluded to the extent that the “land category” was “site” for convenience.

(A) As to an urban residential housing (A Dong) newly built on the ground as a result of the combination of the land category on January 30, 2013, the “H 131 square meters” was changed into a site, and on April 15, 2014, it is unclear whether the “land category” was “land category” since the conclusion of the instant contract for this case with the G 158 square meters and L 170 square meters.

(E) On January 30, 2013, the term “K Forest Land 158 square meters” was changed to a site. On April 15, 2014, Defendant D and E entered into a contract for an urban-type residential housing (B Dong) with a contract price of KRW 1,030,000,000 (excluding value-added tax) in relation to the above urban-type residential housing (B Dong).

B. A written agreement was formulated on August 1, 2012 between the Plaintiff, Defendant B, and C, and between the Plaintiff, Defendant D, and E, on July 31, 2012, on the revision of the construction period of “the revision of the foregoing construction period to January 31, 2013.”

The issue of whether there was an agreement between the Plaintiff and the Defendants to change the construction period as stipulated in the above construction period modification agreement is disputing the claims such as damages filed by the Defendants against the Plaintiff (Seoul District Court Decision 2014Dahap105764, Seoul High Court 2018Na2003173).

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