(영문) 서울중앙지방법원 2018.01.24 2017가합530378

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(영문) 서울중앙지방법원 2018.01.24 2017가합530378

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

(c) Indication of multi-real estate: 2 through 5, and 8 of this case, and 5 of electric power resource housing being newly constructed within the same fold; and

1. A shall be the actual owner (the defendant in the name of land register) of the land in question and the actual owner (the title on the land register) of the land in question, and shall be delegated to B all the construction works and disposals in respect of five newly constructed ground electric power resource houses;

2.B shall ensure that, upon the conclusion of a contract with A, it shall, as soon as possible, complete the construction and undergo a completion inspection.

3. A shall provide B with all documents related to the permission and ownership of the land of this case from the defendant who is the nominal owner on the register until the completion inspection is completed. If A is unable to comply with this, he shall be liable for civil or criminal liability.

5. A and B shall loan or sell and purchase the land in a financial right under an agreement with the project owner after completion and preferentially pay the balance, etc. of the land as follows:

Future* Balance of land : 550,000,000 won * Cancellation of mortgage * KRW 823,000,000 * Corporation price 37,000,000

6. D) around December 9, 2013, with respect to the instant construction project, the term “construction and real estate disposal contract” (hereinafter “instant construction contract”) with respect to the Plaintiffs, S, and the instant construction project, around December 9, 2013.

(B) The Plaintiffs completed each of the instant buildings around March 2014.

3) The Plaintiffs paid public charges, etc. by the Plaintiffs on April 1, 2014, the land development charges and additional dues 14,465,100 won imposed on the land of this case Nos. 1 and 9 in the Defendant’s future, and Pyeongtaek-si owned by the Defendant (land development charges 11,127,080 won imposed on the Defendant with respect to the land of this case No. 1 in April 9, 2014, and acquisition tax and acquisition tax imposed on the Defendant with respect to land of this case No. 7 in the instant case and Pyeongtaek-si in the instant case on the same day.

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