beta
(영문) 서울중앙지방법원 2019.07.24 2018나38613

소유권보전등기말소 및 소유권확인

Text

1. The judgment of the first instance, including the Plaintiff’s conjunctive claim added by this court, is modified as follows.

Reasons

1. Basic facts

A. On November 7, 2005, the Defendant sold the land to H Co., Ltd. (hereinafter “H”) such as Seopopo City E, and entered into a development and sales contract with H to establish a hotel on its ground. Since then, the construction was suspended due to H’s financial shortage during the construction of a hotel.

B. On October 19, 201, the Plaintiff entered into a sales contract with D Co., Ltd. to purchase the said land and buildings, the construction of which was suspended on the said land and its ground, including purchase price of approximately KRW 64.7 billion (hereinafter “instant sales contract”), and entered into the following agreements (hereinafter “instant agreement”).

Article 5 (2) The plaintiff shall create a channel to connect I hotel (J hotel) constructed on the ground of the object to the F building owned by the defendant and build a commercial building on this connecting channel in accordance with the conditions of permission acquired, and shall lease 100 square meters (including common areas) from among the commercial buildings to the Korea National Tourism Organization for 20 years.

The defendant agrees to this transaction.

C. According to the instant agreement, the Plaintiff completed an extension of 516.1 square meters on the second floor of the F building on a parcel, other than Seopo-si, Seopo-si, and one parcel owned by the Defendant, with the construction cost incurred around June 2016, based on the permission for extension granted by the Defendant as the owner of the building (hereinafter “instant extension”), and completed the G hotel (hereinafter “G hotel”) on the land outside Seopo-si, Seopo-si, and one parcel and its ground around that time.

The defendant completed the registration of preservation of ownership in the name of the defendant (hereinafter referred to as the "registration of preservation of ownership in this case") under the name of Seopopo District Court No. 13045 on March 29, 2003 with respect to the F buildings of the size of 2nd underground floor and 5nd above the ground surface (hereinafter referred to as the "F buildings in this case") on Seopo-si and Seopo-si. As the extension of the part of the extension in this case on the second floor above the ground of the extension on October 12, 2016, it is underground as follows.