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(영문) 서울남부지방법원 2015.12.11 2015가단202524
건물명도
Text

1. The Defendant shall pay 50,595,320 won and the full payment with respect thereto from Jun. 18, 2015.

Reasons

1. Facts of recognition;

A. The Defendant’s subcontracting contract, etc. 1) Before re-building and improvement project association (hereinafter “B association”).

(3) In order to implement a residential environment improvement project, which newly constructs reconstruction apartments in Yeongdeungpo-gu Seoul Metropolitan Government C Group, the Association established on September 7, 2007, and the Korea Resources Development Co., Ltd. on June 2009 (hereinafter referred to as “the Korea Resources Development”) (hereinafter referred to as “the Korea Resources Development”).

3) The apartment reconstruction apartment of the Blue House (hereinafter “the apartment of this case”)

2) The Defendant was awarded a contract for the new construction of the instant apartment from the development of Sama Industry to April 30, 2013, with the construction cost of KRW 419,493,660, and the construction cost of KRW 419,493,660, and the construction period from June 4, 2012 to April 30, 2013.

However, on August 21, 2013, the development of the defendant and the Sam-Hy industry agreed that the construction cost of the above construction work shall be KRW 436,595,320, and the completion deadline shall be changed until July 5, 2013.

3) Meanwhile, on March 14, 2013, the Defendant separately from the development of Samda Industries, re-building apartments of Drain House (hereinafter “Drain House”).

(2) From March 18, 2013 to May 30, 2013, the construction price of metal and windows was set at KRW 287,00,000 among new construction works, and the construction period was subcontracted. B. On February 18, 2013, the sales contract and the third-party industrial development (i.e., the sales contract and the substitute payment agreement) entered into an agreement to sell real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 495,00,000,000 for the sales price (hereinafter “instant sales contract”).

2) On August 2013, the apartment complex of this case was completed by the new construction work around June 2013 and obtained authorization of completion on July 2013, 301, the development of Samda Industry (C) was the instant case on August 30, 2013, which replaced total of KRW 50,595,320, and KRW 138,595,000, and KRW 188,595,320, among the construction cost of the instant case, with the payment payable by the Defendant and the instant construction cost, and KRW 138,595,320, in lieu of the instant real estate.

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