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(영문) 부산지방법원 2017.02.16 2016가단302034
근저당권말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. The facts subsequent to the facts do not conflict between the Parties, or may be found in Gap evidence Nos. 1-3, 7, 8 (including paper numbers; hereinafter the same shall apply), and Eul evidence Nos. 6, 10, and 12, together with the purport of the entire pleadings.

1.The ordering person shall grant the land (site) as security to the trial work in respect of the cost of KRW 75 million under this contract.

2. The scope of the construction shall include consultation with the indication in existing books as follows:

1) F* expansion of access roads (6m)* Land cutting (2m)* Land cutting (2m) and front stone cutting (1 part) D) * Land raising (use of F cutting volume) in the base site * Completion of existing construction * Land rearrangement and construction of road line * Land cutting and construction of road line.

3. Construction period: Within two months after the land boundary survey.

4. Where a contractor completes a construction work early, the project owner shall obtain a bank loan within three months and pay to the contractor, and the contractor shall recover the right to land of the project owner by immediately cancelling the establishment of land;

6. If a work executor fails to commence the construction works or terminates the security established without delay at the time when the air is late, he/she shall restore the right to the land of the project owner;

9. Civil petitions generated out of normal execution shall be treated by the ordering person.

On April 13, 2015, the Plaintiff entered into a contract with the Defendant, who is engaged in the business in the name of “B” (hereinafter referred to as “Cri”) under which the Plaintiff entered into a contract with the Defendant to set the price of the instant construction work at KRW 75 million (excluding value-added tax) and the construction period from April 13, 2015 to June 30, 2015 (hereinafter referred to as “instant contract”). The contract includes the following special terms and conditions:

B. On January 23, 2013, the Plaintiff: (a) related to G forest 2,806 square meters; (b) H forest 92 square meters; (c) 13,190 square meters for D forest 13,190 square meters; (b) I large scale 25 square meters; and (c) 1,306 square meters for J before 1,306 square meters (hereinafter “Cri five parcels”).

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