(영문) 의정부지방법원고양지원 2015.07.01 2013가합10512

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(영문) 의정부지방법원고양지원 2015.07.01 2013가합10512

공사대금 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) KC Industry Development Co., Ltd. (hereinafter “KC Development”), including the conclusion of a real estate security trust contract

T and eight parcels (hereinafter referred to as “instant site”) in the case of Pakistan.

2) On the ground, U.S.A. on the 2nd underground floor and 11st above ground (hereinafter “instant building”).

2) On September 30, 2005, the instant land and the building on its ground were entered into a real estate security trust agreement (hereinafter “instant security trust agreement”) with the K non-real estate trust company (hereinafter “K non-real estate trust”) in order to raise funds relating to the new construction and sale of the instant building. On the same day, the instant land was completed the registration of transfer in the name of K non-real estate trust, which was based on the said trust.

B. 1) The development of the instant case industry on November 25, 2006, Han Young-young Co., Ltd. (hereinafter “ Han Young-young”)

B. As to the construction contract of this case, the construction contract of this case (hereinafter referred to as “the contract of this case”) shall be made with the content that the construction work of this case is awarded to Han Young-young in the amount of KRW 28,853,00,000 (including value added tax

(2) From the time of the conclusion of the instant contract, Han Young-young started the construction of the instant building and completed the substantial part of the instant building. On May 4, 2009, upon the commission of the court to execute a provisional attachment decision, each of the subdivision stores of the instant building (hereinafter “instant building”) made registration of ownership in the name of KC Industrial Development for each of the subdivision stores of the instant building (hereinafter “instant building”). On January 13, 2011, registration of ownership transfer was made in the name of KB real estate trust for the instant building on the ground of the said trust.

C. Sale of the instant building and the instant site is subject to the instant security trust agreement.

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