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(영문) 서울동부지방법원 2018.12.07 2016가단106224

소유권이전등기

Text

1. Of the Plaintiff’s lawsuit against Defendant B Co., Ltd., real estate stated in attached Table 2.

Reasons

1. The facts following the facts are acknowledged as follows: (a) there is no dispute between the Plaintiff, Defendant B, and Defendant C, or between the parties; (b) evidence Nos. 1, 2, 2-1, 2-2, 3-1, 3-2, 4-1, 4-2, and 3-2, and the whole purport of the pleadings; and (c) it is deemed that Defendant C led to confession between the Plaintiff and the Defendant C.

A. Nonparty E (hereinafter referred to as “E”) is the executor of the new construction and sale project of land G apartment on the ground outside the Songpa-gu Seoul Metropolitan Government, Songpa-gu and two lots (hereinafter referred to as “the apartment of this case”). Of the instant apartment of this case, the owner who completed each registration of preservation of ownership with respect to H (which is the real estate listed in paragraph (1) of the attached Table; hereinafter referred to as “H”) and I (which is the real estate listed in paragraph (2) of the attached Table; hereinafter referred to as “I”).

B. On April 3, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that supplied sewage to and executed the remaining construction work on the instant apartment.

C. On September 20, 2014, E drafted each apartment supply contract (hereinafter “instant supply contract”) stating that the Defendant Company is “wholly treated” in the sale price column with respect to H and I. D.

On November 25, 2014, the Defendant Company obtained E’s confirmation by stating that the rights and obligations of the instant supply contract with respect to H are transferred to Defendant C, that the right to sell in lots or the status of the seller for sale in lots is transferred to Defendant C. On December 25, 2014, the Defendant Company obtained confirmation by stating that the rights and obligations of the instant supply contract with respect to subparagraph I are transferred to Defendant D, and that the right to sell in lots or the status of the seller for sale in lots is transferred to Defendant D.

In addition, the defendant company has prepared each written confirmation to the effect that the defendant J and D will issue the supply contract of this case in lieu of the payment of each steel contract.

E. Defendant C is liable to each Plaintiff on December 3, 2014; Defendant D is liable to each Plaintiff on January 6, 2015; and Nonparty C’s obligation to the Plaintiff on the part of Nonparty C.