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(영문) 수원지방법원안산지원 2016.02.05 2014가단103398
소유권말소등기
Text

1. The Defendant’s KRW 50,000,000 as well as 20% per annum from April 29, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) agreed from E and F on May 18, 201 to receive the ownership of four households out of the loan operated as construction cost upon the determination of the 520,000,000 price for the new construction of multi-household housing (seven households; hereinafter “Dong-dong Loan”) on the G in Yangju-si, as the starting date, May 5, 2011, and October 30, 201.

B. On May 18, 201, C and D agreed to take over the ownership of 4 households out of the construction cost, as C and D received the contract on May 18, 201, with the price set at KRW 520,000,000 as the price for the new construction of a multi-household house (seven households; hereinafter “Dong-dong Loan”) on the J-based ground, and on October 30, 201, the date of commencement and the date of completion.

C. D On August 31, 201, all assets, rights and obligations pertaining to construction business were transferred comprehensively to C. D.

C After completing the framework construction of the operation and Nadong Bara, on January 3, 2012, C agreed to pay the price for the operation and Nadong Bara’s Dog Dog Dog Dog Dog Dog Dog Dog Dog Dog Dog Dog e (except for electricity and facility works) to K (hereinafter “K”), KRW 483,000,000 (including value-added tax), the construction period from January 3, 2012 to February 29, 2012; and KRW 1/100 per day for liquidated damages (hereinafter “instant construction contract”); and the construction price to be paid as a substitute.

After that, C requested K to carry out the entire garrising construction except for the pelvising construction by requesting for electricity and installation works.

K re-subcontracted to L Co., Ltd. (hereinafter referred to as “L”) electric power, telecommunication, fire-fighting, external stone-making, concrete packing works, etc. among the total finished works.

E. On September 4, 2012, the Defendant, who was delegated by the Triro Construction Co., Ltd. (hereinafter “Criro Construction Co., Ltd.”), as a subcontractor, was delegated to the Defendant.

9. 11. Ma, etc., the creditors of Samro Construction, proposed the instant construction contract between K and C, and operated as the construction price.

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