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(영문) 대구지방법원경주지원 2014.03.21 2013가합1501
소유권이전등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is based on the transfer agreement on December 15, 201.

Reasons

1. Basic facts

A. On April 30, 2007, the Plaintiff: (a) constructed a new building B (hereinafter “instant land and building”) listed in [Attachment List 19 through 21 (hereinafter “B”) on each land listed in [Attachment List 1 through 18 (hereinafter “B”); (b) the construction cost of the instant construction (hereinafter “instant construction”) is KRW 5.72 billion (i.e., value-added tax of KRW 520 million (value-added tax of KRW 5.2 billion); and (c) the construction period was determined from May 2, 2007 to March 31, 2008; and (d) executed the instant construction from that time.

B. However, when B, the contractor, who was the contractor of the instant construction, was in bankruptcy on December 2, 2008, the contractor suspended the construction from December 3, 2008 and occupied and managed the instant building by means of a lien for the claim for the construction cost with the subcontractor C, etc. (hereinafter “subcontractors”), and by managing the entrance door of the instant building and the keyss of the interior room at the time of commencement of construction, which were installed near the parking lot to be used as the site office (hereinafter “instant container”).

C. B, on February 4, 2009, with a view to enabling the Plaintiff to continue the instant construction suspended, the construction period is up to February 28, 2009, taking into account the additional construction works due to design change, etc., and the construction amount is up to KRW 9.42.8 billion (i.e., value of KRW 8., value of KRW 8.48 billion). However, the construction amount added from the original construction amount was changed to KRW 8.54 billion, but the contract was concluded to make a decision by consultation until February 16, 2009, based on the result of appointment of an authorized civil construction expert and settlement.

After that, B, between the Plaintiff on February 24, 2009 and the Plaintiff on February 24, 2009, recognized the additional construction cost of KRW 3.3 billion (=value of value of KRW 3 billion) as the value of supply and recognized the total construction amount of the instant construction project.

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