(영문) 부산지방법원 2015.06.04 2013가합19215

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(영문) 부산지방법원 2015.06.04 2013가합19215

건축주명의변경신고취소 등

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1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s construction contract conclusion 1) The Plaintiff entered into a corporation A (hereinafter “A”) on February 21, 2007.

B and C (hereinafter “instant land”) between Busan Dongdong-gu and Busan (hereinafter “instant land”).

3) On the ground, D Construction Works (hereinafter “instant Construction Works”) and the building under construction is under construction; hereinafter “instant building”).

(2) The Plaintiff and A agreed to change the construction amount of August 27, 2007 to KRW 3,424,300,000,000, the contract amount of KRW 2,761,000,000, and the construction period from February 24, 2007 to February 28, 2008. The Plaintiff and A agreed to change the construction amount of KRW 2,761,00,000 from KRW 2,761,00,000. On the same day, A borrowed KRW 80,00,000 from the Plaintiff’s operating capital.

3) When the Plaintiff did not receive the construction cost from A, it was agreed to waive the construction contract with A on November 27, 2007 and to settle the construction cost up to that date in accordance with the terms and conditions of the contract. Around January 2008, the Plaintiff terminated the construction work at issue, and finally agreed to settle the construction cost of the instant construction work at the end on January 2008. The content of the agreement is as follows. 1. The agreement was reached on KRW 450,000,000 regarding the construction cost of the E-related payment and civil construction cost, and KRW 100,000,000,000,000, which was borrowed from the Plaintiff on August 27, 2007, upon the request of A to pay to the Plaintiff the amount of KRW 80,00,000,0000 as KRW 50,000,0000,000,000 issued by the Plaintiff on March 30, 2008.

5. After preparing a written agreement, A and the Plaintiff did not file a civil or criminal lawsuit against the instant construction work between both parties, and the Plaintiff renounced the instant construction work.

6. A loses the benefit of time and any legal measure taken by the Plaintiff when it does not comply with each of the above matters.

유사 판례

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