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(영문) 서울중앙지방법원 2014.05.08 2013가합528636

소유권보존등기등말소

Text

1. The plaintiff's action against the defendant's sublim credit union shall be dismissed.

2. To S Co., Ltd.:

A. Defendant B (1).

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for the construction cost against S. (1) around November 8, 2000, the Plaintiff was changed to S Co., Ltd. (the former trade name was “T”) but was changed to “U Co., Ltd.” on February 8, 2001 and on March 2, 2003.

hereinafter referred to as “S”

(B) The main complex building of the 4th underground and the 11th floor above ground (hereinafter referred to as “instant officetel”) between the Nam-gu Incheon Metropolitan City V.

(2) As to the construction work newly constructed, the contract was concluded with the construction cost of KRW 7.25 billion, the construction period from November 1, 2000 to August 31, 2001. (2) The construction work of the instant officetel was suspended at the end of June 2002, and the said construction contract was rescinded on August 21, 2002.

3) After the plaintiff filed a lawsuit against S as Seoul Central District Court 2006Gahap4606, the plaintiff was sentenced to a judgment against S on April 20, 2007. The plaintiff appealedd as Seoul High Court 2007Na48617, and the appellate court rendered a judgment in favor of the plaintiff. The appellate court appealed as to the above appellate court judgment as Supreme Court 2008Da29246, and the Supreme Court reversed the part of the above appellate court's judgment and remanded to the original court on February 13, 2013, on the ground that there were some errors in the legal principles regarding the calculation of construction cost with respect to the cryptive height. 4) The appellate court (Seoul High Court 2008Na8933) reversed and remanded to the original court. On February 13, 2013, the appellate court rendered a judgment against S on February 13, 2013, after deducting KRW 4.1 billion of the construction cost already paid to the plaintiff and the above damages for delay.

나. W 명의의 소유권보존등기 1) 이 사건 오피스텔 공사의 건축주는 S에서 X, Y, 주식회사 하이팰리스(이하 ‘하이팰리스’라 한다

) 등으로 순차로 변경되었고, 하이팰리스에서 2007. 6. 18. S로 변경되었다가 같은 날 S에서 W 주식회사(이하...