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(영문) 서울북부지방법원 2019.12.10 2018가단117095
소유권이전등기
Text

1. N major 677 square meters in Gangnam-gu Seoul Metropolitan Government;

A. Defendant B shall share 41.64/64, respectively, to Defendant C, F, G, H, I, J, K, L, and M.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 18, and Eul evidence Nos. 1 to 6 (including additional numbers).

Defendant E, F, G, H, I, J, K, L, and M (hereinafter “Defendant E”) concluded a new construction contract with the owner of an O apartment on the ground of 676 square meters wide or 676 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “D”) on May 25, 2004, on April 15, 2005; and on March 31, 2006, on the completion date, the construction cost of the existing apartment was set at KRW 1,037,019,710 and the construction cost of the apartment of 18 households in total with the 18th floor above the ground (hereinafter “the apartment of this case”). In lieu of construction cost, the construction cost of the apartment of this case was entered into a new construction contract with Defendant D (hereinafter “D”).

B. After that, on March 29, 2005, nine members, including Defendant E, etc., paid to D the total of nine members of Pho Lake, Qhos, Rhos, Shos, T, U, V, Whos, and Xhos, among the instant apartment after completion of the instant construction work, as substitute for construction cost, and the remainder of Yhos, Zhos, ABhos, AChos, ADhos, AE, AFhos, and AGhos, as a principle, nine members of nine members, including Defendant E, wishing to exchange shares after completion of the construction work. The difference arising from the increase or decrease in the area of the instant apartment shall be settled based on the actual sale price, and if the construction work has been delayed for more than two months, D citizens, without any criminal reasons, and waiver of the entire construction cost payment agreement without any ground (hereinafter “the entire payment agreement”).

C. Meanwhile, the Plaintiff lent 80,000,000 won to D, and D, on July 15, 2005, in order to repay the debt borrowed, Qhoin from among the apartment of this case between the Plaintiff and D on July 15, 2005.

1. The real estate of this case as indicated in the list.

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