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(영문) 대구지방법원영덕지원 2019.06.18 2018가단1921
건물명도(인도)
Text

1. The defendant's appraisal of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1, respectively, indicated on the attached Form No. 1, 2, 3, 4, 6, 7, 8, and

Reasons

1. Facts of recognition;

A. On April 4, 2018, the Defendant received contracts from the Plaintiff for E (hereinafter “instant construction”) by determining as “construction period: from April 10, 2018 to May 9, 2018; “construction cost: 53,500,000 won; advance payment:30% of the total construction cost; and “payment period: 1/2 of the remainder after the upper limit; and the remainder after completion of the construction” (hereinafter “instant construction”).

B. By May 10, 2018, the Plaintiff paid KRW 35 million to the Defendant the sum of KRW 15 million out of the instant construction price and KRW 25 million, which is part of the remainder.

C. On July 11, 2018, the Plaintiff and the Defendant agreed to increase the construction cost of the instant construction in KRW 5,500,000 (hereinafter “instant agreement”) in the presence of F, as follows:

E Corporation Agreement (A) 16. The remainder of the construction cost of KRW 24 million will be paid to F by the Plaintiff, and F will pay the construction cost appropriately to the Defendant according to the progress of the construction.

17.All the Corporation shall undertake under F management.

The Corporation shall comply with all the above matters, and shall be deemed to have been completed by July 31, 2018, and shall be deemed to have waived the Corporation if it fails to comply with such completion.

After completion of the building, the repair period of defective construction shall be one year after completion of the building.

By August 2, 2018, the Plaintiff paid KRW 44,314,400 (including the above KRW 35 million) out of the construction cost of the instant case, such as paying the materials cost of the instant construction project on behalf of the Plaintiff.

E. The Defendant failed to complete the instant construction by July 31, 2018. On the ground of the instant land, the Defendant corrected the entrances of 101 square meters of sand site 101 square meters (hereinafter “instant building”) connected in sequence 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the attached Table 1 on the ground of the instant land, and left the site of the instant construction.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 4, 5 (including each number, hereinafter the same shall apply), Eul evidence 2, and the Korea Land Information Corporation in this Court.

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