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(영문) 서울고등법원 2015.11.26 2015나2014684

소유권이전등기

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1. All of the plaintiffs' appeals and appeals extended in the trial are dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The parties’ related C Co., Ltd. (hereinafter “C”) are executing a new construction and sale business (hereinafter “the instant real estate”) of the 16th and the 6th underground floors on the land of 3,927m2m2 (hereinafter “instant project site”) in Busan-gu, Busan-do, and the building on the 16th and the 6th underground floors (hereinafter “instant building”). The E Co., Ltd (hereinafter “E”) is a company that merged the said C on November 3, 2004, and the Defendant concluded a contract with C for construction work of the instant building and performed the construction work of the instant building.

B. On November 20, 2002, C is the Defendant and Han Bank Co., Ltd. (hereinafter “ Han Bank”) on November 20, 2002.

(3) The term “competing life insurance company” (hereinafter “competing life insurance company”)

B) As to the instant business with respect to the instant business, C had the obligation to sell the instant building and to repay the principal and interest of the instant loan while obtaining loans from Han Bank and KIB life insurance. The Defendant completed the instant building as a contractor and, if any cause, such as default, C bears the said obligation to repay the principal and interest of the instant loan. The Han Bank entered into a business agreement with Han Bank to grant loans of KRW 36,00,000,000 to C with KIB while taking charge of the business management of funds required for the instant business, etc. In addition to KIB life insurance, C entered into a real estate trust agreement with Han Bank and completed the registration of ownership transfer in the future of Han Bank on December 2, 2002, and concluded a construction contract related to the construction of the instant building on November 28, 2002 with the Defendant and the changed construction contract amount on October 15, 2004. < Amended by Act No. 7791, Oct. 15, 2004>

C on December 16, 2003, the defendant, Han Bank, and the stock company.