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(영문) 서울중앙지방법원 2014.11.25 2013가합528827

소유권보존등기등말소

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1. As to the real estate stated in Paragraph 4 of the attached Table among the plaintiff's lawsuits against the defendant's noble credit union.

Reasons

1. Basic facts

A. The Plaintiff’s claim for construction price against Q Co., Ltd. 1) on November 8, 2000: Q Co., Ltd. (former trade name was changed was “R,” but changed into “S Co., Ltd.” on February 1, 2001 and “ Q Co., Ltd.” on March 2, 2003.

" Q" hereinafter referred to as " Q

2) From the Nam-gu Incheon Metropolitan City T (hereinafter referred to as “instant site”)

(1) The main complex building of the 4th underground and the 111th ground floor size (hereinafter referred to as “the instant officetel”).

The Plaintiff entered into a contract for construction work with the construction cost of KRW 7,205,000,00. Accordingly, the construction work of the instant officetel was suspended on or around July 2002, and the said construction contract was rescinded on or around August 21, 2002. (2) The Plaintiff filed a lawsuit against Q to seek payment of the construction cost. The first instance court (Seoul Central District Court 2006Gahap4606) dismissed the Plaintiff’s claim, but the appellate court (Seoul High Court 2007Na48617) partially accepted the Plaintiff’s claim, and the appellate court (Supreme Court 2008Da292466) reversed and remanded the construction cost of the said appellate court on the ground that there was a misapprehension of legal principles.

After remanding, on February 13, 2013, the appellate court (Seoul High Court 2008Na88933) rendered a judgment that " Q shall pay to the Plaintiff KRW 2,603,527,789, and damages for delay for delay, calculated by deducting approximately KRW 4.1 billion of the paid construction cost from approximately KRW 6.7 billion of the paid construction cost," and the said judgment became final and conclusive around that time.

3) Q은 현재 무자력 상태이다. 나. 건축주 명의 변경 및 U 주식회사 명의의 소유권보존등기 1) 이 사건 오피스텔 신축공사가 중단된 후, 위 공사의 건축주는 Q에서 V, W, 주식회사 하이팰리스(이하 ‘하이팰리스’라 한다) 등으로 순차 변경되었다가, 2007. 6. 18. 하이팰리스에서 Q로 변경되었고, 같은 날 Q에서 U 주식회사(이하 ‘U’이라 한다)로 다시 변경되었다.

2..