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(영문) 울산지방법원 2016.09.13 2015가단11044

소유권이전등기 절차이행 등

Text

1. Defendant B paid KRW 2,025,840 to the Plaintiff and simultaneously paid KRW 1,025,840 from the Plaintiff, respectively.

Reasons

1. Basic facts

A. 1) E (the contractor) on June 4, 2007, including the conclusion of construction contract, comprehensive transfer and takeover contract, etc., and the conclusion of a business comprehensive transfer and takeover contract, etc., is called the contractor (contractor; hereinafter “contractor”).

The construction contract was concluded on April 30, 2008 with respect to construction work that newly constructs officetels on the F ground of Ulsan-gu and Ulsan-gu, the construction cost of KRW 2.389,200,000 (including value-added tax) and the completion date of the completion plan for the construction work. 2) The construction contract was concluded on June 23, 2009 with respect to the construction work that newly constructs officetels as of March 26, 2013 and the construction cost of KRW 3.5 billion (the supply price of KRW 3.5 billion is the value-added tax, value-added tax is not the value-added tax), and the construction contract was concluded on December 30, 2009. < Amended by Presidential Decree No. 22427, Oct. 23, 2010; Presidential Decree No. 24477, Mar. 26, 2013>

However, unlike the name of the contract, G was actually performing the construction work.

3) G suspended construction work on September 1, 2009, and E again concluded a contract for the construction work on November 25, 2010. Only changed to May 31, 201, but most of the remaining matters were the same as the contract for the construction on June 23, 2009. 4) GJJ construction was completed thereafter, and was approved for use of Htel on June 1, 201 and 13th above ground (hereinafter “instant building”).

5) Meanwhile, as between the Plaintiff and the Plaintiff on April 19, 2012, E entered into a comprehensive transfer and takeover contract with the purport that E transfers the instant building and its site to the Plaintiff, and the Plaintiff acquires the obligation to pay construction price for the M&M, etc.

B. hereinafter referred to as “I”).

on November 3, 2010, with respect to the construction work of Daechip and the construction work of the officetel, the construction cost of KRW 300 million and the period from November 4, 201 to February 28, 201 shall be determined.