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(영문) 울산지방법원 2019.10.24 2019가합10411

오피스텔수분양자명의변경절차이행청구의소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the executor of the construction of building C in Ulsan-gun, Ulsan-gun (hereinafter “instant new construction”) and the F Co., Ltd. (hereinafter “F”) is the contractor of the instant new construction.

B. On April 25, 2016, F entered into a subcontract with E Co., Ltd. (hereinafter “E”) to subcontract the construction cost of the instant new construction with the amount of KRW 6.1 billion. The Defendant, F, and E to pay KRW 236 million out of the construction cost under the said subcontract as the instant building in lieu of the instant building. On July 25, 2017, E concluded a contract to sell the instant building in lots with KRW 314.5 million (hereinafter “instant sales contract”).

C. Meanwhile, on December 31, 2017, the Plaintiff entered into a goods supply contract with E to supply electric wires and electric facility materials necessary for the instant new construction works, etc. from December 31, 2017 to December 31, 2018, and to supply KRW 1,553,795,311. From December 31, 2017 to December 31, 2018, the Plaintiff supplied materials equivalent to KRW 1,529,215,967 to December 2018. However, upon the occurrence of bankruptcy on December 3, 2018, the Plaintiff was unable to pay the price for the goods any longer, and KRW 31,450,000,000 from December 10, 2018 to KRW 236,60,000,000,0000,000,000,000,00 won received from E, in lieu of the Plaintiff’s purchase contract.

2. The parties' assertion

A. The Plaintiff purchased the instant building from E in accordance with the instant sales contract, and acquired the status and rights of the buyer under the instant sales contract, and notified the Defendant and F of the transfer and acquisition of the said buyer’s status and rights on April 9, 2019. As such, the Defendant sold the instant building to the Plaintiff in accordance with the instant sales contract.