beta
(영문) 전주지방법원남원지원 2017.12.13 2017가단10870

소유권이전가등기절차이행 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On August 26, 2009, the Plaintiff’s summary of the Plaintiff’s assertion entered into an agreement with the Defendant, D, and E (hereinafter “Defendant, etc.”) on the operation of solar power plants (hereinafter “instant agreement”). At the time, the Defendant agreed to complete provisional registration on each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

Since the Defendant completed the above PF loan around March 24, 2010, the Defendant is obligated to implement the procedure for the provisional registration of transfer of ownership on each of the instant real estate by reason of the instant agreement to the Plaintiff.

2. Solar power plants subject to an agreement on recognition:

(a) Csolar power plant (90KW) - Jeonbuk-gun F

(b) CFFFR C, 486KWP - Jeonbuk-gun G;

1. The Plaintiff transfers to the Defendant all rights to a limited liability C Corporation and a business right related to the above solar energy business.

At the time of completion of the BankPF loan to the Plaintiff, the Defendant, etc. shall make a provisional registration on the fishery solar power plant part.

3. The defendant et al. holds the ownership of and profits from solar power plants, and the plaintiff will have ownership of and profits from the remaining balance after repaying the bank principal, interest, management expenses, etc. for C-solar power plants.

4. The Defendant, etc. shall transfer all business licenses and land (including underground facilities) to the Plaintiff when the repayment of obligations to the Bank loans and interest of the CFFFG is completed.

5. If the above solar power plant is not selected as an annual standard price applicable facility of the Energy Management Corporation in 2010, or if it becomes known of banking loan operations, the Defendant, etc. shall have the right to transfer the business rights and land, and the Defendant, etc. shall pay KRW 100 million to the Plaintiff within 30 days from the time of transfer.

The plaintiff on August 26, 2009.