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(영문) 서울서부지방법원 2015.12.08 2013가단10218

소유권이전등기

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1. The plaintiffs' claims against the defendant (appointed party), the designated parties, and the defendants are all dismissed.

2...

Reasons

1. Basic facts

A. Defendant C, D, E, and Non-Party RF (hereinafter “instant building owners”) decided to remove the above land’s houses and newly build neighborhood living facilities and multi-household houses around May 2010, as the owners of Yongsan-gu Seoul Metropolitan Government G, H, and I.

(hereinafter “instant construction project”). (b)

On May 21, 2010, the instant building owner entered into a contract on the instant construction project (hereinafter “instant contract”) with the J (hereinafter “J”) on May 21, 201, setting the contract amount of KRW 1,392,125,00 as the date of commencement, May 27, 2010 as the date of commencement, and December 30, 2010 as the date of completion of the completion of the instant contract, and determined that the terms and conditions for the payment of the construction price should be paid in principle, such as payment at the time of sale, a collateral loan after completion, and a substitute (payment within three months from the time of completion of the preservation registration).

C. Meanwhile, as the construction was delayed due to the failure of J to pay the subcontract price after the commencement of the instant construction project, the instant owner entered into a new contract for Salking Construction Co., Ltd. on October 21, 2010 and the instant construction project, and changed the contract to Sick Sick Construction.

However, as Salking Construction has failed to smoothly carry out the instant construction, there was a dispute between Salking and Salking Construction, Defendant C requested to resolve the dispute between Salking Construction and Salking Construction, and again, to proceed with the instant construction. The Salking Construction agreed to nullify the contract between Salking and Salking Construction with the owner of the instant construction on the condition that Salking Construction pays 22 million won as agreed.

Accordingly, the J paid the said agreed amount to Scream Construction on March 10, 201, and continued the instant construction until April 3, 2012.

J In order to prepare a shortage of construction cost as a result of the financial difficulties in the process of carrying out the instant construction project, the case is below the real estate stated in the attached Table.