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(영문) 서울남부지방법원 2014.10.31 2014가합3727
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. In 209, the Plaintiff was awarded a subcontract for the inside, outside, and outside, 50 households of the F building (hereinafter referred to as “F building”) (hereinafter referred to as “G building”) (hereinafter referred to as “F building”), a multi-family housing built on the ground of Pyeongtaek-si and 19 parcels, which was the name of the building was changed from “G building” to “F building; hereinafter referred to as “D building”).

B. On December 26, 201, the Plaintiff agreed to pay the F-building 3 households (Nos. 201, 202, 203, 301, 302, and 303) in lieu of paying the construction cost from D, a contractor, and the Defendants, the owner of the construction, and prepared a sales contract for the said six households.

C. After that, the Plaintiff filed an application for provisional disposition on the prohibition of disposal of real estate with Pyeongtaek District Court Decision 201Kadan3555 on December 17, 2012, 2012 with respect to the three and six households (No. 201, 202, 203, 301, 302, 302, and 303) of the F building unregistered on October 11, 2012, where the construction for three and six units of F building was not completed, the Plaintiff filed an application for provisional disposition on the prohibition of disposal of real estate under the name of the Defendants with respect to the three and six units of the F building under the name of the Defendants on December 17, 2012.

On May 1, 2013, the Plaintiff filed an application for the cancellation of provisional disposition with respect to the said six households (Nos. 201, 202, 203, 301, 302, and 303) of the said F building on May 1, 2013 to ensure that the registration of provisional disposition with respect to the said six households is entirely cancelled, and on August 2013, the agreement is written as “No. 4, 2013.” However, there is no dispute between the parties that was made on August 2013.

Between the Defendants and the Defendants, “Agreement for the Completion of the FF Loan Construction Works” No. 4 of the following terms and conditions are “the instant Agreement”:

was drawn up.

Agreement for the completion of the Frand Construction

1. “A” (the Defendants, who are land owners, hereinafter the same shall apply) shall raise funds for the remaining construction works in the name of B and C in the name of 103 of the title of B and five parcels, which are newly constructed on the Pyeongtaek-si H and five parcels, in cooperation with the gold Savings Bank, the principal creditor bank.

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