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(영문) 인천지방법원 2019.01.25 2017가합56321
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Commencement and discontinuance of new construction of multi-household housing 1) C Co., Ltd. (hereinafter “C”).

(D) and D Co., Ltd. (hereinafter “D”).

(E) On May 14, 2010, G field 681 square meters, H field 1,101 square meters, and 692 square meters prior to I (hereinafter referred to as “land number”) from E and F, Incheon-gun G field 681 square meters, H field 1,101 square meters.

(2) On June 2, 2010, 201, 84,692,90 won for the construction cost of the construction work for the public works, Saturdays, and scattering dust pentle construction work for the Corporation, and entered into a contract with the Corporation on June 2, 2010 for the said construction work to be concluded on and around June 30, 2010, and C & D entered into a contract with the Corporation on May 14, 2010, 201, 14 households of multi-household housing (including the above land plus the above land; hereinafter referred to as “instant building”) for multi-household housing in Incheon-gun, G, and H land owned by E (hereinafter referred to as “instant land”). Furthermore, C & D entered into a contract with the Corporation on the construction cost of construction to newly construct two multi-household housing units on the ground (including KRW 931,600,000 (including additional tax) and size of area 1,283.263).

3) Since then, the construction of the instant building was interrupted on July 21, 2010, and F transferred all rights to the said civil works and construction works to J on July 29, 2010 and August 2, 2010. 4), C, D, E, and J discussed the progress of construction works and the payment of construction costs for the resumption of the instant new construction works on August 3, 2010, and C, D entered into a contract with the E and J on August 5, 2010 to determine the construction cost of the said civil works and construction works as KRW 990,00,000 (including surtax) and to receive a contract.

5) After that, around September 29, 2010, the construction of the instant building was suspended while the third floor brickd building was in progress. (B) Voluntary auction procedure was initiated regarding the instant land and sold to K on April 13, 2012, and the Defendant purchased the instant land from K and completed the registration of ownership transfer on the same day.

2. Meanwhile, the representative director L is the representative director.

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