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(영문) 수원지방법원 2019.07.18 2017가합20527
건물명도(인도)
Text

1. (Attachment 1) It is confirmed that each obligation listed in the list does not exist.

2. The defendant against the plaintiff A,

(a) 49,343.

Reasons

1. Basic facts

A. On August 11, 2016, Plaintiff A entered into a contract (hereinafter “instant contract”) with the Defendant for the construction of a multi-family house listed in the [Attachment 2] list (hereinafter “instant building”) on the ground (hereinafter “instant construction”) on the instant land (hereinafter “instant land”).

The main contents of the instant contract are as shown below [Attachment 1].

(However, unlike the following terms and conditions, the plaintiff A and the defendant agreed that the plaintiff A will not pay the value-added tax on the construction price separately to the defendant. [Attachment 1]

3. Period of construction: (i) A period of construction shall be four months from the date of commencement on August 14, 2016, and may be shortened or extended on other grounds, such as natural disasters.

4. Construction cost: 1) Construction cost: design cost, measurement cost, time water, construction cost for water supply and sewerage systems and facility contributions, urban gas entrance construction cost and facility contributions, urban gas entrance construction cost and facility contributions, urban gas installation cost, telecommunications entrance construction cost and facility contributions, and other incidental costs, respectively;

1. Advance: 20% of the total construction cost shall be paid at the time of the contract;

(100 million won) 62 million won shall be paid at the time of Lesaconta on the second floor (18 million won). b.

2. Payment as security deposit when concluding a three-story lease contract;

3. Payment of KRW 200 million upon completion;

4. Balance: To be paid as deposit for lease when moving into the second and third floors. 5.

In order to guarantee the payment of the construction cost, the whole of the land and buildings concerned shall be notarized by the lease contract for the beneficiary, and the lease contract shall become invalid upon the completion of the construction cost.

A beneficiary shall notify the contractor of the lease agreement without delay.

5. Defect warranty: (i) the warranty period shall be one year from the date of completion; (ii) the amount equivalent to 1% of the construction cost shall be deposited with the contractor and shall be refunded after one year.

6. Finishing materials shall be based on the finishing materials;

7. A Party shall perform this Agreement in good faith.

8. Report shall be filed directly for treatment;

B. Plaintiff A’s title on August 11, 2016.

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