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(영문) 수원지방법원 2017.01.13 2015가단29530

소유권이전등기

Text

1. The plaintiff's primary and conjunctive claims against the defendant B are all dismissed.

2. Defendant C Co., Ltd.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (hereinafter “C”) was the executor of the project to remodel the E 9th floor building in Suwon-gu, Suwon-si, into a f9 Ors Building (hereinafter “instant project”).

B. On March 21, 2011, Defendant C Co., Ltd. entered into a “business agreement and agency contract” with the main contents of Korea Trust Co., Ltd.’s duty to receive and manage sales revenue and sales revenue, as well as with Defendant C Co., Ltd., Korea Trust Co., Ltd., a trust company, and Defendant C Co., Ltd., the owner of the building E. from the start of the instant business to the parcelling-out duty. The project site and completed buildings are entrusted to Korea Trust Co., Ltd., and the project site and completed buildings are entrusted to Korea Trust.

C. On April 21, 201, the Plaintiff loaned KRW 700,000,000 in total to Defendant C Company, and KRW 200,000,000 on May 25, 2011, and KRW 200,000,000 on July 26, 2011.

Article 2. Sales Price and Payment Method

1. The total price for sale: The total value of supply as of the payment date of the remainder of the intermediate payment of the down payment by installments: The total value of value added;

2. “B” shall pay the sale price in installments as follows, and the place of payment shall be deposited into the account designated by “A”, and shall not be admitted to the deposit other than the account in question.

4. Account for the payment of the parcelling-out price: Account number: Account number: 581201-01-307378 bank: KB National Bank (hereinafter referred to as "CB") shall be null and void in entering into the parcelling-out contract, first, oral agreement not described in this contract shall be entered into, second, the parcelling-out price shall be deposit into the designated account without the passbook, and otherwise, shall not claim its validity if it is paid by any other means: contractor's name, floor, number of units at the time of deposit into the Korea Trust Co., Ltd.

D. Defendant B can carry out the sale of the building to be completed as the instant project by Defendant C.