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(영문) 대구지방법원 2015.03.18 2014나3922
부가가치세
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Around 2008, C requested D to sell and purchase land E in Daegu-gun of 2008 (hereinafter “instant land”). Around November 14, 201, it was registered as F factory site 3,388 square meters (hereinafter “instant land”).

D suggested to C that it would be better to newly construct and sell a factory building on the ground of the instant land, and C accepted it and granted D comprehensive power of representation as to the act of constructing a factory building on the instant land and selling it on the instant land.

B. D above A. G

Since May 3, 2008, G entered into a contract on behalf of the Plaintiff for the construction of a new factory on the instant land on behalf of the Plaintiff. Since around May 3, 2008, C became the owner of the instant land and the construction of a new factory was carried out on the instant land.

C. The Defendant is against G and G on behalf of C around July 23, 2011 and the instant land B.

Pursuant to the port contract, a contract was entered into to purchase approximately KRW 305,000,000 (hereinafter “instant building”) of the instant building on the instant land where a new construction works were in progress on the instant land (hereinafter “instant contract”) for purchase of approximately 98,00,000,000 won.

C and the Defendant, at the time of the conclusion of the instant sales contract, changed the name of the owner of the instant building to the Defendant and agreed to register the preservation of ownership in the name of the Defendant. After the completion of the instant building, the Defendant agreed to pay the remainder of the instant land and the instant building as collateral for the loans provided to the bank.

On November 10, 2011, with respect to the instant building, the approval for use was granted to the 540.48 square meters of the general steel structure board in Daegu-gun, one-story, one-story, one-story, one-story of the general steel structure, and 325.76 square meters of the general steel structure in the same area.

The plaintiff is about the new construction of the building in this case to the defendant, the owner of the same day.

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