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(영문) 서울북부지방법원 2017.05.25 2016가합20736
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 205, some sectional owners of AB-built houses located on the ground of Dongdaemun-gu Seoul Metropolitan Government and AA (hereinafter “instant land”) established a new project (hereinafter “instant project”) to remove the said apartment house and build the main complex building with the third underground and third underground floors above the ground level (hereinafter “instant main complex building”) and the 13th above ground level (hereinafter “instant project”). For the purpose of implementing the instant project, AB-affiliated reconstruction association (hereinafter “instant association”) was organized.

B. On December 19, 2005, the instant association entered into a joint project implementation agreement with the NASC Co., Ltd. (hereinafter “the instant joint project implementation agreement”) with a view to carrying out the instant joint project on December 19, 2005, with a view to obtaining the instant land from the instant association and building the instant main complex building on the said ground, and the NASF provided the instant land from the instant association, and the 16 households out of which supplied the instant apartment to its members, supplied the remainder of the apartment and non-business facilities to cover the construction cost, etc. paid by the NASP. (hereinafter “instant joint project implementation agreement”).

C. 1) Angjin Integrated Construction Co., Ltd. (hereinafter “Angjin Comprehensive Construction Contract”)

B) On February 21, 2008, the Plaintiff entered into a contract for construction with the term “the construction cost of the construction of the instant main complex building” as KRW 7,350,000,000 (excluding value-added tax), March 1, 2008 on the date of commencement, and May 15, 2009 on the date of completion of the construction. The instant association also entered into a contract for construction with the term “the Defendant Company” (hereinafter referred to as “the Defendant Company”).

B) As to the instant main complex building, construction supervision was conducted for the instant main complex building with the construction cost of KRW 8,300,000,000, and the construction contract was concluded for the construction cost of KRW 8,300,000 (the shares of the advanced comprehensive construction are the same as the shares of KRW 7,350,000,000, and the Defendant.

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