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(영문) 서울중앙지방법원 2019.08.22 2018나54240
추심금
Text

1. Of the judgment of the court of first instance, the part against Defendant C shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The reasoning for this part of the underlying facts is as follows, and this part of this Court’s reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is the same as the reasoning for the judgment of the first instance,

3 The following parts shall be added to the 14th page ":

“In entering into the said construction contract with the owner of the instant construction project, the company outside the Republic of Korea set forth the special agreement (21-23 pages of the evidence A No. 2, hereinafter “instant special agreement”) with the owner of the instant construction project, as follows.

Matters to be entered into a special agreement (fixed shares) A and B (the owner of the building in this case) shall enter into an agreement with the owner of the building in good faith by setting a separate special agreement in addition to the standard contract for construction works, and if there is no special agreement, it shall take precedence over the contract and if there is no special agreement,

Article 2 (Construction Price) The total construction cost refers to all the expenses from the acquisition of a building permit to the completion of the registration of payment in kind, and the Party A provided land in this construction and received the completed housing as set out above after completion, and under the premise that Party B would cover the construction cost and all the expenses. As such, Party B faithfully executes construction and delivers Party B’s housing to Party A, and all the expenses are the main construction contract at which Party B bears all the expenses.

(1) The household units of A and eight households remaining after the first priority selection shall be received as the total amount of the construction cost, after one month after the building permit was acquired.

(2) Any additional costs shall not be claimed in accordance with paragraph (1)(1). (2) Any additional costs shall not be claimed in respect of such disposal. (3) The disposal authority shall belong to B, and all costs and taxes shall be borne by B in respect of such disposal.

(3) The cost of preservation registration shall be borne by A, and the cost of registration of transfer of a road to B due to payment in kind shall be borne by B.

(4) On the pre-sale of ship B,

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