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(영문) 부산지방법원 2014.01.23 2013가합5742

소유권이전등기

Text

1. The defendant shall be paid KRW 186,631,901 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the whole purport of the arguments in Gap evidence Nos. 1 to 9 (including each number, if any; hereinafter the same shall apply), 11 to 18, 20, 22, 27, and Eul evidence Nos. 1 and 2.

B A Co., Ltd. (hereinafter referred to as “B”) is a contractor who has conducted a new construction and sale business (hereinafter referred to as “E”) of the 16th and the 6th underground floors on the land on the land surface (hereinafter referred to as “D” of the 16th and the 6th underground floors on the Busan Jin-gu Busan (hereinafter referred to as “instant project site”) and the E Co., Ltd. (hereinafter referred to as “E”) is a merged company with the above B on November 3, 2004. The Defendant entered into a construction contract with B and entered into a construction contract with B, and the Defendant is a contractor who completed the registration of ownership transfer on the instant project site due to the real estate trust agreement from B on December 2, 2002, and the Plaintiff participated in the new construction and sale of the instant building.

B. B With respect to the instant new construction and sales business on November 20, 2002 between Defendant, Han Bank, and Young Life Insurance, B bears the responsibility to sell the instant building and to pay the principal and interest of loan when obtaining loans from Han Bank and Young Life Insurance, and the Defendant is a Si Corporation, which shall complete the instant building and succeed to the above obligation to pay the principal and interest of loan if any cause, such as default, arises. A Han Bank, while taking charge of the management of funds, etc. required for the new construction and sales business of this case, is a business agreement with Han Bank, which mainly provides loans of KRW 36,00,000,000 to B along with school life insurance (hereinafter “the primary business agreement”).