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(영문) 서울중앙지방법원 2017.08.31 2016가합540989

소유권이전등기

Text

1. On June 3, 2014, the Defendant made payment in kind to the Plaintiff regarding each real estate stated in the separate sheet.

Reasons

1. Basic facts

A. On January 3, 2012, the Defendant entered into a reconstruction project contract between the landowner and the Defendant (hereinafter “instant apartment”) with C, the representative of co-owners of the land of 2,522 square meters in Dobong-gu Seoul, Dobong-gu, Seoul, as well as the total floor area of 4,78.13 square meters and exclusive area of 21 square meters or 22 square meters on the ground of the instant land (hereinafter “instant apartment”).

) A construction contract was concluded within 18 months from the commencement date of the construction project and one unit of neighborhood living facilities to construct the construction project (hereinafter the above construction project “instant construction project”), and the contract related thereto is “the instant construction contract.”

(2) As to the payment of the construction cost, the instant construction contract provides 20 households and one neighborhood living facility among the 48 households of the instant apartment building with the Defendant, a contractor, with the payment of the construction cost, and the Defendant sold it in lots and set the amount to be appropriated as the construction cost.

Accordingly, the Defendant, around February 18, 2014, received the Defendant’s share of purchase among the instant apartment units from D reconstruction Association established by the said co-owners (hereinafter “Association”), 203, 206 through 208, 303, 306, 308, 403, 406, 407, 407, 408, 503, 506, 506, 508, 603, 606, 703, 703, 707, and 708.

B. Subcontract and re-subcontract 1 of the instant construction project) The Defendant, February 19, 2014, shall be a comprehensive investment construction company (hereinafter “comprehensive investment construction company”).

The whole amount of the construction work of this case, which was in progress for the Corporation, shall be KRW 2,710,00,000 and the construction period shall be from February 25, 2014 to the same month.

6. 25. Determination of the end, and payment of the construction cost was agreed to substitute the sale of 11 households, including 508 and 603 units, among the partitioned sections of the instant apartment that was allocated to the Defendant’s share in sale, to the Human Investment General Construction.

(2) In the case of the instant apartment construction (hereinafter collectively referred to as the “instant real estate”). In the case of the Indones integrated construction, the Indones General Construction Co., Ltd. (hereinafter referred to as the “Indones”) on June 3, 2014

during the construction of this case.