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(영문) 서울중앙지방법원 2015.01.09 2014가합518629

소유권이전등기

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (i) The N(O) purchased the above project site on March 14, 2002 in order to promote the business of constructing and selling officetels and two commercial buildings on the land, etc. in the Nam-gu Incheon Metropolitan City P, and on April 26, 2002, after obtaining a loan of KRW 8 billion from the Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) on April 26, 2002, and at the same time completing the registration of ownership transfer and at the same time completing the registration of ownership transfer for the said project site, the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 1.2 billion in the future of the Korea Mutual Savings Bank regarding the said project site was completed.

(2) On June 30, 2002, the construction period of the instant officetel, etc. is set from July 10, 2002 to December 31, 2004, and the construction price of the instant officetel, etc. is set at KRW 3.7 billion, and the price of the instant officetel, etc. is paid in sequence, and on December 2, 2002, the said officetel, etc. was agreed to be the sales price to be the sales price, and the management trust agreement was concluded between the Defendant New Real Estate Trust and the Defendant New Real Estate Trust with respect to the instant site for business on December 2, 2002.

Article 22(1) of the Civil Act provides that “The construction period shall be changed from May 1, 2003 to April 2003 to twenty-seven (27) months, and the construction amount shall be changed to thirty-three (33) billion won.” On December 29, 2005, the Plaintiff entered into the instant business agreement with the Korea Mutual Savings Bank and entered into the instant business agreement with the same contents as the attached Table 1, and on December 30, 2005, the Plaintiff, an affiliate of Defendant Heavy Construction, Cheongan C&C Co., Ltd. (hereinafter “Cheongan C&C”), an additional construction amount of eight (8) billion won.

x. 275 households, among the 491 households of the instant officetels newly constructed at the time of the instant business agreement, are sold in general, and 113 households are paid in lieu of N’s obligees and added by ten households thereafter.