(영문) 부산지방법원 2019.09.25 2018가합50457

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(영문) 부산지방법원 2019.09.25 2018가합50457

소유권이전등기

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1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is limited to the cause of sale on July 25, 2017.

Reasons

1. Basic facts

A. On September 2015, the Defendant awarded a contract to C Co., Ltd. (hereinafter “C”) for the new construction of the 13th floor G Condominium (hereinafter “instant building”) located in D, E, and F in Busan-gu, Busan-gu (hereinafter “instant new construction”) and C commenced the new construction work.

B. During the process of the instant new construction project, C was dispatched I to the new site director at the new construction site of this case, when there is a cause for C to perform his duties any longer.

However, the defendant, C, and I expressed their opinions that the new construction of this case cannot be carried out any more based on the contract between the existing defendant and C, and that both the contract between the defendant and C and the subcontractor and the subcontractor are liquidated.

C. Around July 2016, the Defendant, as a direct management method, intended to continue the instant new construction project, and had I, who was the head of C on-the-spot, perform all duties concerning the conclusion of a contract related to new construction works and the implementation thereof. Around July 2016, the Defendant, as the owner of the building, had I perform part of the new construction project to the Plaintiff (A) who was engaged in construction business with the trade name of J. D.

Attached Form

With respect to each of the sections of the instant building, including real estate recorded in the list (hereinafter referred to as “each of the instant real estate”), the Defendant completed the registration of ownership transfer with K Co., Ltd. as a trustee on March 24, 2017 on the ground of trust on March 24, 2017, after completing the registration of ownership preservation on March 24, 2017.

E. On April 13, 2017, the Defendant drafted a written rejection of construction cost as follows (hereinafter “written rejection of construction cost of this case”).

Construction cost and non-susparing sheet

1. Construction name: The remainder of the construction cost of the instant new construction project (the instant building) shall be adjusted as follows:

1. Until April 30, 2017, only some of them shall be applicable.

유사 판례

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