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(영문) 부산지방법원 2018.12.05 2018가합41958

청구이의

Text

1. The defendant's notary public against the plaintiff is based on the notarial deed No. 48 of 2008.

Reasons

Basic Facts

The plaintiff is a company that acquires the 4th floor above ground among the 4th underground floor and the 27th floor E of the ground level in Busan-gu, Busan-gu, and the construction work is conducted by acquiring the 4th floor above ground level, and F is a person who served as the representative director of the plaintiff from May 1, 2007 to February 13, 2008.

The defendant is the representative director of G (hereinafter referred to as "non-party company") and H is the person who was the representative director of H (the trade name before and after the change is referred to as "J of the corporation"; hereinafter referred to as "I") of the corporation I.

On June 19, 2003, the Plaintiff purchased 676 units, including 4 units on the ground of E, from K Co., Ltd. (hereinafter “K”), and completed the registration of ownership transfer at that time.

On February 23, 2005, the Plaintiff concluded a contract for the construction work of the non-party company and the non-party company with the title of the contractor M Co., Ltd. (hereinafter “M”) with the construction cost of KRW 3,300,000,000 and the construction period of KRW 3,300,000 from February 2, 2005 to June 2005. At that time, the Plaintiff entered into a separate contract for the construction cost of the construction work of the non-party company and the non-party company with the title of the contractor M Co., Ltd. (hereinafter “M”).

On September 6, 2005, with the name of the contractor M, the Plaintiff entered into an additional contract for the construction work with respect to the non-party company and the instant construction work, setting the construction cost of KRW 1,100,000,000 and the construction period from June 1, 2005 to October 20, 2005.

Around July 31, 2006, Nonparty Company completed the instant construction work, and L was opened on September 28, 2006.

On July 23, 2007, the Plaintiff entered into a payment contract in lieu of reimbursement of KRW 316,401,969 among the construction price of the instant case with I and the Plaintiff, and entered into a payment contract in lieu of reimbursement of KRW 316,401,969, with the content that the Plaintiff transferred 49 units, including the first floor N, to I, and around that time, transferred the said 49 units to I.

Law Firm C is a notary public of 208.