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(영문) 서울남부지방법원 2016.03.25 2015가단210686
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On July 25, 2012, the Defendants concluded a construction contract with the following content (hereinafter “instant construction contract”) with respect to the new construction of a total of 20 households of the building P (name at the time of the contract) (hereinafter “the instant construction project”). The Defendants selected the Intervenor joining the Defendant as the contractor, and entered into a construction contract with the following content.

- A construction period: completed on March 31, 2012 on November 22, 2012 - the contract amount “the pure construction cost of KRW 168 million” refers to all the expenses from the acquisition of a construction permit to the completion of the registration of payment in kind, and the construction cost of KRW 2,00,000,000, total construction cost of the contract amount “the construction cost of KRW 168,000,000” refers to the construction cost and all the expenses from the completion of the construction to the completion of the registration of payment in kind. A (the defendant's title) provided land in this construction, received the completed house as above, and as the remainder of the household (the defendant's title to the intervenor) is a contract premised on the condition that the construction cost and all the expenses are appropriated. Accordingly, Eul faithfully executes the construction and transfers the house to A, and all

(1) The household units A, and the household units remaining after first priority selection, shall be received as the total amount of the construction cost, after one month after the building permit was acquired.

(4) A shall consent to the pre-sale of the property in question and the proceeds of the sale in question shall be used as construction costs, and the disposal authority shall belong to B, and the taxes, public charges and all the expenses incurred in relation to the disposal shall be borne by B).

B. The Defendant’s assistant intervenor provided a subcontract to the Plaintiff regarding the electrical part of the instant construction work and carried out the instant construction work.

C. When the completion of the instant construction was delayed, the Defendant Intervenor agreed with Defendant L, E, F, and J, which was delegated by the Defendants on September 27, 2013.

(2) Payment of the substitute construction cost for the remaining households shall be made.

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