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(영문) 부산지방법원 2017.06.14 2015가합48330
공사대금
Text

1. The Defendant’s KRW 28,099,750 for the Plaintiff and KRW 5% per annum from November 22, 2015 to June 14, 2017.

Reasons

1. Matters concerning the special agreement on a real estate sales contract;

1. The land sales contract shall have the same effect as the construction contract.

5. The Defendant shall cooperate in all documents where additional loans are necessary when guaranteeing the payment of on-site materials and construction cost and completing the framework construction in the course of the construction work of C, and shall cooperate in all necessary documents at the time of completion.

6. The defendant, under a contract with C, receives all the five floors after completion of the construction work with C as a substitute, and the difference except the substitute shall be paid in cash.

7. The defendant shall actively cooperate during the construction project in selling in advance.

On November 6, 2012, the Defendant entered into a contract (hereinafter “instant sales contract”) under which C sells the purchase price of KRW 220,000,000,000, located in the Dong-gu, Busan (hereinafter “instant land”) owned by the Defendant for KRW 248 square meters (hereinafter “instant land”).

The main contents of the instant sales contract are as follows.

B. On March 1, 2013, the Plaintiff (former: E Co., Ltd.) entered into a contract with C on the condition that the instant land-based sub-construction project (hereinafter “instant construction project”) will be awarded a contract by setting the construction cost of KRW 450,00,000 (excluding value-added tax) (hereinafter “instant contract”). The contract entered the Defendant as the contractor and the Plaintiff as the contractor, respectively.

C. The Plaintiff completed a structural construction on the area of 211.9 square meters for the first floor to 3 floors among the instant construction works (i.e., 11.28 square meters for 11.28 square meters for 2 stories 100.31 square meters for 31 square meters for 100.31 square meters for 1,000 square meters for 1,000 square meters for framed construction costs.

As to the 11.28 square meters of 11.28 square meters of 2 stories of 20.31 square meters of 3 stories, 100.31 square meters of 4 stories, 100.31 square meters of 4 stories, 93.02 square meters of 5 stories of 5 stories of the instant land’s ground reinforced concrete structure (hereinafter “instant building”), on May 15, 2014, the registration of preservation of ownership in the Defendant’s name and the debtor’s debt amount of KRW 98,40,000 of 98,40,000 for the Defendant and the debtor’s maximum debt amount of KRW 98,40.

[Grounds for recognition] Unsatisfy, A No. 1.

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