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(영문) 창원지방법원 2017.08.31 2016나60420

소유권이전청구권가등기말소등기의회복등기

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1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. 1) An apartment (D apartment No. 701, hereinafter referred to as the “instant apartment”) listed in the attached Table 1 is the progress of the dispute related to D apartment construction

(E) The D Apartment, including an aggregate building, is a non-party E (hereinafter referred to as “E”).

(B) Nonparty F Co., Ltd. (hereinafter “F” in total before and after the change of the trade name, G Co., Ltd.)

(2) E was unable to pay the construction cost of the said D apartment to F properly, under the joint and several guarantee of E, and the Defendant also lent a large amount of money to the Plaintiff or the first instance trial co-defendant B (hereinafter “B”) under the name of the JJ, and the Defendant borrowed KRW 1.1 billion to F in the name of the JJ.

Accordingly, a number of disputes have occurred between interested parties, including F and E, due to the above-mentioned relationships of claims and obligations.

1.The construction cost to be paid to E shall be the agreed construction cost of KRW 5.26 billion less the construction cost of KRW 1.6 billion from the agreed construction cost of KRW 5.26 billion less the construction cost of the portion directly executed by E.

3.2

E Of the debt to be subrogated as a joint and several surety in this F, E shall pay 3.45 million won according to an agreement between E and B, and it shall be deducted from 3.66 billion won of the settlement of the above construction cost.

5.F’s debt shall be calculated as KRW 147.6 million per household unit for five apartment units (No. 202, 601, 602, 702, 902) paid by F to M, N, andO, and shall be paid after F’s confirmation. It shall be deducted from the settlement amount of the construction cost.

For seven apartment units paid due to other F's debt, the amount of KRW 147,60,00 per household shall be calculated as KRW 100,000 per household, and the F and E shall be paid to the person entitled to registration of the said seven apartment units after consultation with E, and if there is a balance after settling accounts between F and E according to subsequent documentary evidence, it shall

3 F. F. F. F. F. F. F. lawsuit against E such claims as ownership transfer registration under the Changwon District Court 2008Gahap2791.