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(영문) 서울북부지방법원 2017.06.22 2016가단28139

소유권보존등기말소

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. Defendant B, D, and Defendant C’s wife (former lot number: Nowon-gu, Seoul, and H, and I) decided to construct a multi-household house (five households) with the first floor and the fourth floor above the ground (hereinafter “instant building”). At the time, only part of the said land is E and the remainder was maintained.

B. On September 197, Defendant B, D, and E awarded a contract for the construction of the instant building to the Cheonghae Construction Co., Ltd. (hereinafter “instant construction”). On November 4, 1997, Defendant C received the building permit by filing an application for the building permit with the Seoul Nowon-gu Office, Seoul Special Metropolitan City Office, and subsequently, Defendant C comprehensively succeeded to E following the death of E.

C. Meanwhile, Defendant B, D, and net E discontinued discontinued the instant construction with the Cheonghae Construction Co., Ltd. that completed the pelvis construction for columns, ceilings, floors, and stairs. On May 12, 1998, Defendant B entered into a contract with the Plaintiff and J for the remaining construction works (hereinafter “instant contract”). In addition to the payment of construction cost as stipulated under Article 4 below, Defendant B, D, and net E agreed to transfer the instant building’s floor to the Plaintiff and the J, respectively, for the purpose of construction cost.

The main contents of the instant contract are as follows.

Article 3 (Period of Construction Works) The period of construction work ordered by the plaintiff and J shall be within two months from the date of the commencement of the construction work on May 1998, and the construction cost shall be paid to the plaintiff and J as follows: Article 4 (Payment of Construction Cost), Article 4 (Payment of Construction Cost), Article 4 (Payment of Construction Costs) that may be delayed in the event of administrative problems:

Defendant B, D, and deceased E are liable for 100% of the land value to be maintained in accordance with the division conditions of Nowon-gu Office, and the construction cost of KRW 40 million shall be paid KRW 9 million within one month after the commencement of the construction work, and the balance of KRW 31 million shall be completed at 100% when occupying the land.

Article 5 (Provision of Materials) All the materials required for this Project shall be included in all of the above Construction Costs, and procurement shall be procured by the plaintiff and the J.

The plaintiff is a contractor from J around August 10, 1998.