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(영문) 서울고등법원 2017.11.15 2016나2045555
손해배상
Text

1.On a request for change in exchange at the time of the trial,

(a) the name of the building listed in Appendix 1.

Reasons

1. Facts of recognition;

A. The Defendant’s acquisition of the right to purchase an enshrinement facility 1) An incorporated association C (hereinafter “ Incorporated Association C”).

Around 2004, 2004, Daducheon-si, and Daducheon-si, and 2. (2) The Mespaw-si Co., Ltd. (hereinafter “Mespaw-si”) concluded a construction contract on the above building and charnel facilities with C, and filed a lawsuit against C, an incorporated association, claiming for the implementation of the procedure for ownership transfer registration, etc., as 2007Gahap2951, while carrying out the construction.

Plaintiff

: Defendant: Intervenor C, an incorporated association: A provision for the coordination of H church

1.(a)

The plaintiff and the intervenor are responsible for and completed the completion inspection by October 9, 2007 between the plaintiff and the defendant on each real estate listed in the separate sheet by August 31, 2008.

B. If a cause attributable to the Plaintiff and the Intervenor is delayed, the number of safes calculated at the rate of 400 per month from the following day to the date of the completion inspection shall be deducted from the number of safes stated in Paragraph 2, which the Plaintiff and the Intervenor agreed to be transferred as the price of the above construction work.

C. If until December 31, 2008, the Plaintiff delays the installation of the said charnel house due to the causes attributable to the Plaintiff and the Intervenor, the Plaintiff may only waive the installation of the said charnel house and pay the remainder after deducting one billion won for delay from the construction price up to that time.

2. Upon completion of the completion inspection by the plaintiff and the intervenor, the defendant shall pay the construction cost to the plaintiff and the intervenor, and pay 4.5 billion won to the plaintiff and the intervenor (payment shall be made in the following manner). A.

(1) Of the above construction cost, the Plaintiff and the Intervenor shall be liable for each real estate listed in the separate sheet after completion of the said completion inspection and shall be reimbursed for three billion won as the loan.

B. 1.5 billion won out of the above construction cost.

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