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(영문) 수원지방법원 2014.10.16 2014가단15985

소유권이전등기

Text

1. With respect to the portion of 86.5809/2053.3/2053 out of the 2053m2 in 2053m2 to the non-party D Co., Ltd. on July 21, 2008.

Reasons

1. Basic facts

A. On January 23, 2007, the Defendant awarded a contract to Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) for the construction of the F Building, which is an aggregate building of 5 stories underground and 10 stories above the ground (hereinafter “instant F Building”) on the land of 2053 square meters (hereinafter “instant land”), in the case of harmony owned by Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) and completed the instant construction around July 2008.

B. Around July 21, 2008, the completion of the instant construction project, the Defendant entered into a payment contract in lieu of paying KRW 13,860,00,000, which is part of the construction cost of the instant construction project that the non-party company and the Defendant paid to the non-party company, each section of exclusive ownership listed in the separate sheet (hereinafter “each section of exclusive ownership of this case”) among the instant F buildings in lieu of paying KRW 2,491,821,150 (hereinafter “each section of exclusive ownership of this case”) and a certain share corresponding to the site ownership of the instant section of exclusive ownership (No. 201: 203: 15.32, 301: 15.32, 303: 69: 305.3: 15.3: 2053: 15.3: 2053: 205.3: 239: 203. 239: 205. 253937.2335.

C. According to the payment contract in accord and satisfaction, the registration of ownership transfer was completed under the name of the non-party company on July 24, 2008 with respect to each of the instant sections for exclusive use. However, the registration of ownership transfer for each of the instant sections for exclusive use among the instant land was not completed.

(However, with respect to the section of exclusive ownership No. 201 and No. 202 among the instant real property, the registration of transfer of ownership share was completed on July 29, 2009.

Since then on May 8, 2009, the non-party company and the non-party company share the debt of KRW 713,614,800 owed to A by the plaintiff and the non-party company against the plaintiff company, and each of the land of this case among the land of this case and the land of this case.