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(영문) 대구고등법원 2016.12.14 2016나20375
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by the respective descriptions of Gap evidence Nos. 1 through 12, 15, 25 through 28, Eul evidence Nos. 3, 14, and 15 (including the branch numbers where no special indication is made; hereinafter the same shall apply), and by the overall purport of video and pleading, and there is no counter-proof.

B and C jointly owned (the share ratio is B2/3, C1/3) and buildings listed in No. 5 of the attached Table No. 4565 square meters (hereinafter referred to as “former building”) in the Gyeongjin-gun, Chungcheongnam-do, Seoul Special Metropolitan City (hereinafter referred to as “land before subdivision”) prior to subdivision on November 2009.

B. B and C completed the registration of creation of superficies on the land before subdivision on November 26, 2009 and the building before subdivision on November 26, 2009, for the joint establishment of a neighboring mortgage of KRW 1,430,00,000 with respect to the land before subdivision, the joint maximum debt amount of KRW 1,430,000,00 shall be completed, and on the same day, the registration of creation of superficies on the land before subdivision (other than KRW 4462,62,6

From the land before subdivision to October 18, 2010, the land listed in Attached Table No. 2, the land listed in Attached Table No. 3 (hereinafter “instant land”) on March 17, 201, and the land listed in Attached Table No. 4 on June 5, 2015 were divided and gathered, and the divided land became the land listed in Attached Table No. 1.

C. B and C entered into a contract with the Plaintiff, a construction company, on April 26, 201, under which B and C newly built neighborhood living facilities and apartment houses on the instant land by the Plaintiff.

- Official Name: Ulsan-gun E neighborhood living facilities and new construction of apartment units - The date of commencement and completion of the project: Ulsan-gun D (the instant land): the date of commencement on April 30, 201 and the date of completion of the project: February 28, 2012 - the contract amount: the contract amount of KRW 1,995,840,000 (including value-added tax) - the contract amount of KRW 100,000 at the time of the contract - the contract amount of KRW 100,000 at the end of each month - the contract owner shall be paid on the 15th day of the following month in accordance with the process as of the last day of each month: B (person); and C (Contractor): the Plaintiff (J) under the said contract; and the building of the Gu.

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