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(영문) 부산지방법원 2020.07.23 2019가합44695
소유권이전등록
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 17, 2012, C Co., Ltd. (hereinafter “C”) entered into a construction contract with the Plaintiff on December 17, 2012, stipulating that the new construction of the Eudio 1 Urban Residential Housing (hereinafter “Eudio 1”) from the Plaintiff, Hanam-gun, Hanam-gun, entered into a construction contract with the Plaintiff to enter into a contract for the construction work with the construction cost fixed from December 17, 2012 to April 30, 2012. On the same day, the construction cost of the new construction of G Eudio 2 Urban Residential Housing (hereinafter “Eud2”) from F to April 30, 2012.

Since then, C, the plaintiff, and F changed the completion period set forth in the above construction agreement to July 30, 2013.

B. C did not complete the construction by the time limit for the completion of the construction, and on October 22, 2013, the Plaintiff, F, and C agreed to purchase the Eudio 1 and 2 as follows (hereinafter “WU”).

A subcontractor (seller) 1 Plaintiff 1 and 2 F are referred to as “A”, and the contractor C representative director H is referred to as “B”.

Article 1. A’s Performance Agreements

1. For the work of which construction work Eudio 1 or 2 is being carried out by a contract for Party B, Party A shall not be subject to any defect and management;

2. From October 15, 2013, “A” shall not participate in all the construction sites of “B”, “B” shall bear all the necessary construction costs after the completion of its commitment and shall not require “A” to cover construction costs.

Article 2 (Contents of Implementation Arrangements)

1. B must promptly proceed with the completion of the inspection.

3. Eul shall pay Gap the purchase price of Eudio 1 and 2 as KRW 1,050,000 when a construction permit is issued upon completion of the completion inspection, and shall be paid for bank loans, and if the balance falls short of the construction permit, only KRW 100,000 shall be recognized and the payment deadline shall not exceed 90 days.

4.B.

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