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(영문) 수원지방법원 2016.09.06 2014가합12235
손해배상 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,911,407 to the Plaintiff (Counterclaim Defendant) and its related amount from October 18, 2014 to September 6, 2016.

Reasons

Facts of recognition

The Defendant and C made a written agreement on July 12, 2013 that the building on the ground of Pyeongtaek-si D owned by the Plaintiff was difficult to build a new building on the land of Pyeongtaek-si E, and that the Plaintiff and C would remove the existing building on the ground of the Plaintiff’s above land and construct a new building on the same land for the purpose of leasing the same land (hereinafter “instant construction”). The main contents of the agreement are as follows: (a) the Plaintiff, Defendant, and C (hereinafter “instant construction”).

Paragraph 1 A agrees to remove part of the building that is protruding in the direction of the land of B among the buildings located on Pyeongtaek-si D, owned by A, in the course of constructing the building on the ground of B.

However, the removal work of this B shall be conducted after the agreement on the following matters is reached, and it may be conducted after obtaining the consent of the present lessee who resides in the plaintiff's building.

Paragraph 2(b) shall be carried out together with the plaintiff's reconstruction during the re-building process of the above land in his name, and from 400 million won or less, the buildings meeting the following conditions shall be responsible for and completed:

2) The total cost for the entire process from the design process to the completion shall be KRW 400 million and the best cost for construction to be fully examined in advance, which will not subsequently result in any further additional costs. However, in the event of a problem after the basic diagnosis, the additional costs will be considered as actual costs, as per actual cost, Gap, separate from the building of Eul, with the building of six independent buildings, and the construction shall be carried out under the design to the maximum extent possible, including the minimum elevator, within the land in question.

4. Building 4 shall be built of brick walls except front walls, and entrance doors shall be high-class, and the appearance and materials above the building level proposed by the defendant to Gap after construction.

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