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(영문) 수원지방법원 2017.06.29 2016나52910
물품대금
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiff's defendants who fall under the above revocation part.

Reasons

1. Basic facts

A. The Plaintiff is a person who sells building materials under the trade name of “D”.

B. The Defendants, as co-owners of forest land E located in each city in each city (hereinafter “instant land”), agreed on January 201 to sell the said land to F who runs a housing construction business, and drafted a written consent to the use of the site and construction on January 25, 2013. The main contents are as follows.

1. Name of construction: Construction of a new building G;

2. Location: Female-gun E, H2 parcel in Gyeonggi-do;

3. The Defendants, a land owner, shall delegate to F, the I representative F of the executory company, the construction permit, the seller, and all of the activities arising from the land in the construction and new construction of collective housing on the site concerned, to F, the I representative.

4. Site price and payment method - sale price: 510 million won - Land price shall be the down payment for the land that was loaned in a finance of KRW 260 million among the cities, and the remainder of the site price shall be settled as a new house construction fund at the completion of the 3rd floor of the aggregate construction work.

(B) ADDDDD ACT ACT ACT. - Interest amounting to KRW 260 million in bank loans shall be borne by F, an executor (from the date of building permission)

C. On April 25, 2013, the Defendants: (a) concluded a construction contract with Han Chang Construction Co., Ltd. (hereinafter “Korea New Construction”) designated by F on April 25, 2013 under the said contract; (b) concluded a contract for new construction of the instant land and multi-household housing (hereinafter “Korea New Construction”); and (c) concluded a new construction contract on March 27, 2014 with the contract amounting to KRW 647 million; and (d) executed

However, F suspended and neglected construction at the end of the structural construction, and the Defendants agreed to complete the remaining construction after consultation with J.

E. On May 1, 2014, J, with the consent of the Defendants, entered into a contract with K Co., Ltd. (hereinafter “K”) and multi-household housing (four-story) at the location of the Defendants (hereinafter “instant building”) with the construction cost of KRW 350 million (excluding value-added tax).

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