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(영문) 서울중앙지방법원 2020.04.16 2017가합562344

사용료

Text

1. The remaining Defendants except Defendant W are listed in the attached Form 1 claim amount and the cited amount table to the Plaintiff.

Reasons

1. Facts of recognition;

A. Registration of ownership transfer in the name of the Plaintiff for land 1) X Co., Ltd. (hereinafter “X”).

on July 26, 1995, the land listed in the separate sheet No. 2 from the Korea Land Corporation (hereinafter “instant land”).

(2) After December 24, 1996, X failed to pay local taxes, such as acquisition tax, after purchasing a copy of a special contract for repurchase as a special contract for repurchase, the Gu office has delegated the Korea Asset Management Corporation to dispose of the instant land by public auction.

On March 22, 2001, Defendant B, C, G,Y, and Z completed the registration of ownership transfer for reasons of sale to the Plaintiff on the same day after receiving a successful bid for the instant land in the public sale procedure and completing the registration of ownership transfer.

B. 1) X is a building listed in the attached Table 3 list on the instant land (hereinafter “instant building”).

(2) On July 19, 196, AA Co., Ltd. entered into a contract with X for the new construction of the building of this case. On March 1998, 198, the construction was suspended when the concrete frame of the first floor was completed.

3) On March 1999, X changed its trade name to AB Co., Ltd. (after 1999,) around March 199, since it was difficult to resume the new construction of the building of this case.

(4) AC Co., Ltd. transferred the instant building to AD, AE, and AF, the creditors of X, and transferred the instant building on November 1, 2000, and Defendant U Co., Ltd. (hereinafter “U”) concluded a contract with AD, AE, and AF for the new construction of the instant building.

5) After that, AD, AE, and AF failed to pay the construction cost of the building of this case, and on May 24, 2001, transferred the name of the owner of the building of this case to U.S.

Defendant U had completed the instant building on June 4, 2001 and obtained approval for use.

C. Registration of ownership preservation of the instant building and.