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(영문) 부산지방법원 2019.01.09 2017가합43780
가등기말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A and Defendant C Co., Ltd. (hereinafter “Plaintiff”)

on October 23, 2014, Defendant C Co., Ltd. (hereinafter referred to as “Defendant”) is called “Defendant C Co., Ltd.”

(A) 1 Dong, E, and 1 Dong, Dong, Dong, Dong, Dong-si, F, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si (B) (hereinafter referred to as the “instant construction”).

(2) On March 15, 2015, the Plaintiff Company and the Defendant Company concluded a contract to extend the construction period of the instant construction by September 10, 2015, respectively, from March 15, 2015 to July 15, 2015, with the construction cost of KRW 476 million (excluding value-added tax) and the construction cost of the building B, KRW 562 million (excluding value-added tax).

3) On September 10, 2015, the Plaintiff Company and the Defendant Company entered into a contract for the extension of the construction period of the instant construction to December 31, 2015. B. The Plaintiff Company received a construction permit on June 30, 2014 with respect to the instant construction work, and filed each of the commencement reports on October 29 and November 12, 2014 with respect to the instant construction work.

2) Although the Plaintiff Company obtained a building permit with respect to the instant construction project, which included the construction of two buildings of the third floor (Adong and B), the instant construction project was executed by changing the design by constructing three buildings of the third floor and one building of the second floor. 3) On May 27, 2015, the Plaintiff Company paid to the Defendant Company KRW 141,350,836 (hereinafter “the instant progress payment”).

4) The instant construction was suspended after June 3, 2015. On July 4, 2018, the Plaintiff Company ordered the Plaintiff Company to rectify (e.g., removal) the non-compliant building, etc. on the ground that the Plaintiff Company violated the Building Act by modifying and executing the instant construction project for which the construction permit was granted by macro-si without obtaining permission for change. (c) The provisional registration of the Plaintiff Company’s right to claim ownership transfer on the Plaintiff-owned real estate 1).

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