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(영문) 서울중앙지방법원 2010.03.24 2009가합113143

손해배상 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “C”) was the contractor of the construction work for constructing E-B building on the land surface of Gangnam-gu Seoul and five parcels, and the construction work for constructing E-B building on the land surface of F, G, H, I, and J (hereinafter referred to as “instant building”).

(K and eight others in relation to the above building, and L and 11 others in relation to the building in this case were each building owner on June 21, 200. (B)

After that, C entered into an agreement with each owner of the above construction on the ground that the performance of the above construction was impossible at around 2002, and the contractor of each of the above construction was changed to the defendant (the trade name at the time was "M of the stock company," but it was changed to the present trade name thereafter). On April 2, 2002, the defendant was notified by the head of Gangnam-gu Office that the contractor of each of the above construction was changed to C from Apr. 2, 2002.

C. N completed the registration of ownership transfer as to the portion of 82.88/1,248 out of H on March 10, 2001, 248. As to the portion of N’s share, the registration of ownership transfer was completed on March 13, 2001 with respect to the said portion of N’s share of KRW 390,000,000,000 with the maximum debt amount, the debtor NN, and the Korean National Bank, Co., Ltd.

On September 23, 2002, the Plaintiff completed the registration of transfer of ownership on July 30, 2002 with respect to shares 35.41/248 of the above H’s land (which is part of shares owned by N., the remaining shares 47.47/1 of the shares owned by N. were transferred to P throughO) on the ground of sale and purchase on July 30, 200, and completed the registration of transfer of ownership on November 19, 2003 with respect to shares 12.04/273.6/27 of G 273.6 square meters on August 9, 2002.

E. Meanwhile, with respect to the Plaintiff and P’s share in the above H land, a voluntary auction was conducted according to the registration of the establishment of the above neighboring land to Q of the Seoul Central District Court. R purchased this and completed the registration of ownership transfer on January 19, 2009.

F. Meanwhile, S = 100,000,000 = C on November 5, 2002.