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(영문) 창원지방법원거창지원 2017.08.17 2016가합10171
소유권이전등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is limited to the cause of sale on October 15, 201.

Reasons

Basic Facts

C Around January 201, the Plaintiff (hereinafter “C”) planned the construction of E (hereinafter “the instant construction”) after removing the third floor building on the instant land (hereinafter “the instant existing building”) on the land outside D and three lots (hereinafter “instant land”).

F, around the end of January 201, as a partner to the instant project, acquired 50% of C’s equity interest in the implementation of the project as a partner to the instant project, and around September 20, 201, C acquired 50% of the remainder of C’s equity interest in the instant project from C in KRW 160 million.

C around January 24, 2011, purchased the instant land and the existing one story from G in the amount of KRW 2.130 million, and paid the down payment of KRW 100 million on the day of the contract. On February 8, 2011, F purchased the instant three stories of the existing building from the first and one other on February 8, 201, to KRW 6.5 million.

F had taken over the instant project from C as stated in paragraph (b), but F agreed to undertake the instant construction project in the name of C with a construction business license, which was unable to perform the instant construction project due to the F personal qualification, and ordered Samho Construction Co., Ltd. to undertake the instant construction project in the name of C on October 15, 201 at KRW 3,050,000,000,000 from the instant construction project.

F Upon delegation by the C representative director J on October 15, 201, the Plaintiff purchased 260.17 square meters from the Plaintiff on the second floor of the existing building of this case from the Plaintiff on October 15, 201. With respect to KRW 200 million out of the purchase price, C shall pay KRW 90,000,000 as a loan obligation to the Plaintiff, a collateral obligation for the right to collateral security established on the second floor of the existing building of this case, and the cash payment of KRW 50,000,000,000,000 won, and the remaining KRW 1 billion shall be paid as a substitute for the second floor of the new building and two households of the apartment house of KRW 72,00,000,000,000 as a loan for the Plaintiff, which is a collateral obligation for the right to collateral security established on the second floor of the existing building of this case, and the apartment building of KRW 14 and 15,000,00.

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