logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.05.10 2015나2005567
소유권말소등기
Text

1.The judgment of the first instance shall be modified as follows:

The defendant jointly with C and the plaintiff 149,535.

Reasons

1. Basic facts

A. Joint business contract between the Defendant and C is 1) The Defendant is co-defendant C Co-Defendant Co-Defendant corporation of the first instance trial on November 17, 2011 (former trade name: D Co., Ltd.; hereinafter “C”).

between the Defendant and E, Gangseo-gu Seoul Metropolitan Government E, 278.9 square meters (hereinafter referred to as “instant land”).

3) According to the joint business agreement on construction with which multi-household houses are newly built (hereinafter “instant joint business agreement”).

2) The main contents of the instant joint project agreement are as follows.

Article 4 (C's Obligations)

2.C shall be responsible for all acts relating to construction, such as implementation, execution, sale in lots, taxation, registration, etc. of business real estate and shall carry out the development project at C’s expense.

3.C shall pay 1,100,000,000 won to the defendant in preference to the completion of the project in return for the joint undertaking.

5. C may not charge to the defendant any expenses under the pretext of the joint undertaking.

B. On November 29, 201, the Plaintiff sold the sales contract between the Plaintiff and C with F, a representative director of C, to sell the second floor of multi-household housing to be newly built on the instant land at KRW 260,000 (hereinafter “instant sales contract”).

(2) On the other hand, the Plaintiff was a joint proprietor of a newly built multi-household house, and delivered KRW 70,000,000 to G who discontinued the business, as the construction cost, and the Plaintiff and F agreed that the said KRW 70,000,000 as the down payment for the instant sales contract.

Afterward, on December 12, 201, the Plaintiff paid KRW 84,000,000 to C as the sale price by June 27, 2013, by remitting KRW 40,000 to the Defendant’s account.

C. As to the completion of the instant building C, multi-household housing (H; hereinafter “instant building”) on the instant land was newly built, and registration of preservation of ownership in the name of the Defendant was completed on October 5, 2012 with respect to each household of the instant building.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, and Eul No. 1.

arrow