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(영문) 인천지방법원 2016.05.26 2015가단232933 (1)

소유권이전등기 등 말소 및 부동산명도

Text

1. The Plaintiff:

A. As to each real estate listed in the attached Forms 1 and 2, Defendant B shall be the Nam-dong Registry Office of the Incheon District Court.

Reasons

1. The facts following the facts are deemed to have been led by the Defendants pursuant to Article 150(3) of the Civil Procedure Act among the Plaintiff, Defendant C Co., Ltd. and Defendant C Co., Ltd..., and the remaining Defendants, and the Plaintiff and the remaining Defendants may be acknowledged by comprehensively taking account of the overall purport of the arguments in each of the items as set forth in subparagraphs 3-1, 2, 6-1, and 6-2.

On September 19, 2000, the Plaintiff was merged into F and G land of Namdong-gu Incheon (F on October 21, 2004) around September 19, 200.

hereinafter referred to as “the instant officetel site”

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

(1) The construction shall be newly built, and shall consist of three-party comprehensive construction works (hereinafter referred to as "three-party comprehensive construction works") around November 8, 200.

B) The instant construction contract was concluded between the Plaintiff and the Plaintiff on the construction cost of KRW 7,205,00,000 for the instant officetel construction work. (2) Accordingly, the instant construction contract was interrupted on June 2002 while the instant officetel construction was in progress, and the said construction contract was rescinded on August 21, 2002.

(3) At the time, the officetel of this case filed a lawsuit against the plaintiff for the payment of the construction cost. The first instance court (Seoul Central District Court 2006Gahap4606) rejected the claim for the construction cost, but the appellate court (Seoul High Court 2007Na48617) partly accepted the claim for the construction cost of the Samri Construction, and the appellate court (Supreme Court 2008Da292466) reversed it on the ground that there was a misunderstanding of the legal principles regarding the calculation of the construction cost for the enhancement of the honor of the above appellate court (Seoul High Court 2008Na88933, Feb. 13, 2013). The appellate court (Seoul High Court 2008Na8933, Feb. 13, 2013) reversed the amount of KRW 410,63.63.