(영문) 부산지방법원 2015.05.27 2014가합47132

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(영문) 부산지방법원 2015.05.27 2014가합47132

공사대금

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1. The Defendant: KRW 1,00,000,000 for the Plaintiff; and KRW 19,952,876 for the Plaintiff’s succeeding Intervenor Co., Ltd. and each of the above.

Reasons

Basic Facts

In the process of performing the instant construction, the Plaintiff (formerly: C) from around 2011 to around 505.80 square meters on the land of Busan Dongdong-gu, Busan Metropolitan City (hereinafter “instant building”) temporarily suspended the said construction due to the lack of funds while constructing new apartment and officetels on the ground of 505.80 square meters.

Around May 6, 2013 and June 30, 2013, the Defendant concluded a sales contract with the Plaintiff on the site of the instant building and the instant building being newly constructed, respectively, and succeeded to the Plaintiff’s position as the owner of the instant building.

The terms and conditions of the sales contract for the site of the building of this case

1. The purchase price of the building site of this case is KRW 1,177,916,440;

2. Date and method of payment - Loans of Korean banks: The interest rate before May 16, 2013 shall be borne by the plaintiff.

Method of payment: Succession to Loan Conditions - Amount of provisional attachment of right to provisional registration: 477,916,440 won: The content of a sales contract for the building of this case under a new construction of the defendant's sale certificate or cash payment condition.

1. Scope of transfer and acquisition: The portion executed by June 30, 2013;

2. Price for the master plan of assets under construction and for the method of payment thereof: The price for KRW 1,436,465,870, value-added tax amounting to KRW 73,70,9173) shall be paid to the following officetels and multi-family housing after the completion of the construction by the plaintiff:

- The sales price of officetels 406, 501 through 504, 506 is 737,709,171 won (value-added tax 73,770,917 won), apartment houses 701 through 705 is 698,75,7699 won, total value-added tax 1,436,465,870 won, value-added tax 73,770,917 won) for construction works and construction enterprises until June 30, 2013: The Plaintiff is able to submit to the Defendant a certificate of completion of payments to the Plaintiff and a certificate of waiver of right to retention of the construction enterprises. After all, the Defendant shall submit to the Plaintiff on July 1, 2013 the remainder of the building in this case (hereinafter referred to as “the remainder”).

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