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(영문) 서울남부지방법원 2016.08.19 2016가합103812
토지인도
Text

1. The defendant is among the land and buildings listed in attached Form 1 List 1 List 2 to the plaintiff.

Reasons

1. Basic facts

A. On December 2, 2011, the Plaintiff entered into a construction contract with the Defendant (Seoul Special Metropolitan City Mayor Construction Co., Ltd., Ltd., Ltd.) on the following terms: (a) the purpose of use alteration construction (No. 503, 504, and 601) of the building B in Suwon-si, Suwon-si (hereinafter “the instant interior works”); and (b) the Defendant completed the instant interior works around March 11, 2012.

- Construction name: Construction work for altering the purpose of use (895 square meters) of building B 503,504, 601 - Date of commencement: December 20, 2011 - Date of completion: February 2, 2012: Contract amount: KRW 787,60,000 (including value-added tax) (including construction cost 716,000,000, value-added tax / Value-added tax 71,600,000) - Contract bond: 100,000,000 won - The balance shall be paid within 15 days after completion.

(616,00,000,000 won separate from value-added tax) - Matters of special agreement: under the premise of construction on a drawing.

B. On March 6, 2012, the Plaintiff concluded a construction contract with the Defendant with regard to the studio construction work on the ground of the land listed in attached Table 1 List 1 (hereinafter “instant land”) (hereinafter “studio construction work”).

- Construction name: C Studio-Newly built - Date of commencement: March 6, 2012: - Date scheduled for completion: November 10, 2012: Contract amount: KRW 1,550,000 (excluding value-added tax) - Prepaid amount: KRW 310,000,000: 310,000 for advance payment: At least once a month and as of March 30 of each month (payment within 10 days after the filing of the claim for advance payment);

C. After that, the Defendant suspended the studio construction in the instant case as a matter of payment for completed portion, and on November 23, 2012, agreed with the Plaintiff on the instant studio construction contract.

In case where the Plaintiff and the Defendant reached an agreement between the Plaintiff and the Incheon District Court pursuant to a ruling No. 2013Gahap4278 on September 26, 2013, the Non-AbC Team (hereinafter referred to as the “Non-AbC Team”) made the claim amount of KRW 40 million as of September 26, 2013, and reached an agreement between the Plaintiff and the Defendant outside of a lawsuit, the Plaintiff received an order of seizure and assignment of claims regarding the claim for the agreed amount, and the Plaintiff was served on November 15, 2013, and confirmed on December 25, 2013, and thereafter December 201, 2014.

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