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(영문) 인천지방법원 2018.10.23 2017가합2270
유치권부존재
Text

1. Attached list among the instant lawsuits

1.The land mentioned in paragraphs (3) through (5) and the existence of the right of retention for the goods mentioned in paragraph (5).

Reasons

1. Basic fact - Plaintiff - Plaintiff - Corporation name - Land (New Construction of Multi-household Housing) outside Gwangju City - Construction period: April 20, 2017 - Contract amount: 704,520,000 won for construction area (i.e., 176.13 square meters x 4,000,000 won/p.) separate from value-added tax (150,000 won for the first down payment, 2 down payment 190,000,000 won for the second down payment, 364,520,000 won for the remainder, and payment of the remainder as security loans for multi-household after completion of construction) - Special agreement:

1. The above contract shall be executed after the execution of the land collateral loan has been completed;

2. It shall correspond to the practice of a subcontract;

3. If it is different from the estimate of the comprehensive construction of piracy, the project owner shall preserve the cost of loss;

4.-7. (Omission)

A. On January 4, 2016, the Plaintiff is indicated in the separate sheet.

1. On March 7, 2016, after purchasing the land referred to in paragraphs (1) through (3) (hereinafter collectively referred to as “instant land”), completed the registration of ownership transfer of the instant land on March 7, 2016, and entered into a contract for construction works with D (hereinafter referred to as “D”) that is the project owner and the subcontractor, in order to newly construct a multi-family house above, as the project owner around April 2017:

On June 16, 2017, there was an additional contract for construction works that newly build a parking lot on the ground specified in attached Table 2.

- Original Contract Name: E, G, and H Primary Complex Construction - Contract Name: upper Dong - Construction Period: on June 1, 2017; on September 30, 2017;

1. The following consultations shall be made for the creation of a primary complex site (referring to the drawing for civil works).

2. Contract amount of the multi-family house of KRW 740,00,000 and value-added tax of KRW 740,000,000 for multi-family house of KRW 3,600,000 and KRW 224,00.

3. Expenses incurred in relation to the parking lot of single house of KRW 4,600,000/ square (as corresponding to the building drawings) - Costs:

1. Advance payment (250,000,000 won out of the total construction cost within 25 days after commencement of works);

2. The completed portion (the payment of KRW 250,00,000 out of the total construction price on August 15, and the balance shall be paid after completion of the completed loan) (Attachment).

1. The same shall apply to civil works and architectural drawings;

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