(영문) 인천지방법원 2016.12.27 2016가단23884

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(영문) 인천지방법원 2016.12.27 2016가단23884

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1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is due to the payment contract on November 26, 2015.

Reasons

1. Facts of recognition;

A. On May 9, 2013, the Defendant concluded a sales contract with Nonparty B (hereinafter “B”) to sell land of KRW 1,653,250,00 in Incheon-gun, Incheon-gun, Incheon-gun, which is owned by the Defendant, for KRW 1,653,250,00. In relation to the payment of the purchase price, the Defendant agreed that, in relation to the payment of the purchase price, B newly constructed multi-household housing and then calculated a part of the newly constructed building to the extent of 90% of the sale price, and

B. On March 27, 2014, the Defendant agreed to newly amend the existing contract with B and agreed to be effective within the extent not contrary to the new agreement. The main contents are as follows.

1. B entered into a contract to purchase the above land under the name of the Defendant with the alteration of the form and quality of C and D land and with the permission of 29 households for the construction of loan to 15 households among the 29 households. B shall construct 15 households currently under construction (hereinafter “multi-household housing in this case”) in accordance with the design drawings, contracts, etc. and undergo a completion inspection until August 31, 2014.

4. B fails to undergo a completion inspection by the above date or to suspend construction for more than 15 days during the construction period, the land sales contract between B and the Defendant shall be deemed cancelled, and B shall not assert any rights relating to the above sales contract, and promptly deliver the construction site to the Defendant without any condition.

The same shall apply to the subcontractor in B.

Provided, That the defendant shall pay the construction price that the defendant did not pay to B, even though the construction work was executed in accordance with the specifications of the subcontract contract among the contract price of the subcontractor in B.

B For this purpose, B may not claim any additional construction cost without the approval of the owner of the building (the defendant) other than the indicated construction cost in the contract when concluding the subcontracting contract with B.

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