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(영문) 서울남부지방법원 2018.08.30 2016가단31477

소유권이전등기절차이행

Text

1. The plaintiff shall dismiss the lawsuit against the defendant Blue Rebuilding Housing Association;

2. Defendant Maritime Power T&C.

Reasons

1. On June 8, 2005, the construction of petitions for the construction of the non-party corporation (hereinafter “construction of petitions”) was awarded a contract with the defendant association for the new construction of the reconstruction apartment in Yangcheon-gu Seoul, Yangcheon-gu, Seoul. The defendant company entered into a subcontract for the construction of petitions on July 1, 2005 and the electrical construction during the reconstruction construction.

On June 19, 2007, the Defendant Union and the Defendant Company agreed to guarantee the payment of the construction cost of the said subcontract, and to pay in lieu of the construction cost, five new apartment units, including real estate listed in the separate sheet (hereinafter “instant real estate”), to those designated by the Defendant Company, in lieu of the construction cost.

On December 27, 2007, the registration of preservation of ownership in the name of the defendant association was completed following the entrustment of the registration of provisional injunction by the defendant company.

On the other hand, on December 22, 2006, the Plaintiff entered into a standard supply contract of KRW 240,616,000 with respect to the instant apartment as to the instant real estate between the Defendant Cooperative and the petitioner Construction, and the Defendant Company entered into a written confirmation of the completion of the sale on July 23, 2007, stating that “The instant apartment was purchased and sold from the petitioner Construction as the construction price, but the certificate of full payment was lost by the principal’s negligence.”

The Defendant Company filed a lawsuit against the Defendant Partnership on the performance of the procedure for ownership transfer registration pursuant to the payment in substitutes agreement with respect to the five new apartment units, including the instant real estate, for which the payment in substitutes was to be made by the Defendant Partnership. On November 3, 2011, the court held that the settlement amount to be paid pursuant to the payment in substitutes agreement between the Defendants is KRW 328,486,715, and at the same time, the Defendant Union received from the Defendant Company the payment of KRW 328,486,715 from the Defendant Company and the registration of ownership transfer for five apartment units, including the instant real estate, to the Defendant Company on June 19, 2007.