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(영문) 서울중앙지방법원 2017.10.24 2017가단55856 (1)
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A is the owner of the instant construction project located in B (hereinafter referred to as “instant construction project”) and the petition fluor Co., Ltd. (hereinafter “petition fluor”) is the executor of the instant construction project.

Ssung Construction Co., Ltd. (hereinafter referred to as “Ssung Construction”) entered into a contract with A and petitioner Plus and entered into a contract for construction work, and the Plaintiff is a subcontractor and a transferee of the claim for the construction price of the instant construction and the Slus Construction from Plus Construction to Plus Construction.

B. As to the instant construction project, A entered into a construction contract with the content that the construction cost is KRW 767,080,000 for the instant construction project (the unit price for the construction project shall be determined in accordance with the contract under separate value-added tax and the petition flusss license agreement), and the construction period shall be from April 18, 201 to October 15, 201 for the construction period.

C. On May 2, 201, pursuant to the above construction contract between A and Sung Water Construction, the petitioner entered into a construction contract with the construction period fixed from May 2, 201 to November 30, 201 under which the instant construction works were to be executed during the construction period from May 2, 2011 to November 30, 201.

On May 23, 2011, Sung Water Construction entered into a subcontract agreement with the Plaintiff for the subcontracting period, setting the construction cost of KRW 3,698,460,00 (excluding value-added tax) and the construction period of KRW 12,16,17,17,18,18, and 21 during the instant construction period from June 1, 201 to September 30, 201.

E. On October 4, 201, the petitioner prepared a written confirmation to the Plaintiff that “The construction cost shall be paid as the settlement of construction cost, 112, 114, and 115, 9, 115, 9, 114, and 115, and the sales contract shall be returned at the time of cash payment after completion, and the Plaintiff may dispose of the sales contract at will when the construction cost is not paid.”

F. As to the above 9 Dong 112, a petitioner issued a sales contract of KRW 182,353,00 (excluding value-added tax and contract date) with respect to the above 9 Dong 112, and the Sung Water Construction renounced the instant construction work on October 25, 201.

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