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(영문) 서울중앙지방법원 2018.09.14 2017가합504263
건축에관한 소송
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 28, 1984, A purchased a 584.7m2 (hereinafter “instant land”) from Gangnam-gu Seoul, Gangnam-gu, Seoul, and received a construction permit to newly construct the apartment houses on the fourth floor above the ground (hereinafter “instant apartment houses”) around 1996.

B. A entered into a contract with G for a newly built tenement house according to the above building permit.

G commenced a construction work from around December 1996, but discontinued the construction work around April 27, 1997.

G filed a lawsuit against A on November 10, 200 asserting that there has been a partnership agreement with the Seoul Central District Court 2000Kahap83850, and sought a payment of money under the partnership agreement. On September 27, 2001, the following adjustment was established:

1. G completes a completion inspection after completion of the construction of the instant apartment house within two months after being released from the trial of embezzlement, etc. in the Seoul District Court’s East Branch of the Seoul District Court’s case, including embezzlement, etc., G shall order A to leave all the occupants of the said apartment house and to leave the said apartment house.

2. A shall pay G 380,000,000 won to G in exchange for receiving a certificate of completion inspection on the tenement house described in paragraph (1) from G and for receiving an order from the above tenement house;

3. If G delays the performance of the matters described in paragraph (1), A shall deduct the amount calculated by applying the rate of KRW 20,000,000 per month to the penalty for delay from the settlement of accounts.

4. If G fails to carry out the matters stated in paragraph 1, it may carry out the finishing work on its own and offset the costs therefrom from the above settlement amount, and in which case G shall actively cooperate in the finishing work and completion inspection of A.

5. G shall waive the remainder of claims.

6. The costs of lawsuit and mediation shall be borne by each person.

C. G did not perform the completion of the new construction of the instant apartment house in accordance with the matters established in accordance with the above-mentioned mediation, and B performed the completion construction by itself.

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