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1. The Seoul High Court between C and the Plaintiff, the Defendant (Appointed Party), and the appointed parties filed a claim for the transfer registration of rights owned by the Seoul High Court.
Reasons
1. Facts of recognition;
A. Defendant (Appointed Party) B, Appointer D, E, F, G, H, I, J, and K (hereinafter “Defendants”) concluded a contract with the Plaintiff on May 25, 2004 regarding the construction of apartment units on the above site (hereinafter “instant apartment units”) under the name of Hoho Construction Co., Ltd. (hereinafter “instant apartment units”). The Defendant, on March 29, 2005, concluded a contract with the Plaintiff on the construction of apartment units on April 15, 2005, the date of commencement between the Plaintiff and the Plaintiff on March 31, 2006, with the amount of KRW 1,037,019,000,000, KRW 1,037,019,000, KRW 201, 301, 701, 407, 701, 507, 501, 71, 507, 507, etc. of the instant apartment units after completion of the instant apartment unit reconstruction project.
B agreed to pay as a substitute for the construction cost.
hereinafter referred to as 'the instant payment agreement'
B. Meanwhile, on August 26, 2004, Nonparty C leased KRW 130,00,000 to the Plaintiff at 3% of interest per month and on December 31, 2004, which was due and due, but failed to be repaid by the said due date. In order to repay the above loan debt to C, the Plaintiff was “the instant real estate below the real estate indicated in the attached Table No. 401 among the instant apartment buildings” between C and C on May 17, 2005.
When concluding a sales contract to sell the instant real estate to C in KRW 140,000,00, the Plaintiff received a loan as security after the completion of the said apartment, and paid C KRW 140,000,000, but if it is not possible to pay it, the Plaintiff entered into a special agreement that the instant real estate shall belong to C without relation to the said purchase price.
C. After that, C filed an application with the Defendants for provisional disposition prohibiting the disposal of real estate of this case with the court 2006Kadan3040 by providing the Defendants with the right to claim the transfer registration based on the sales contract as the preserved right, and this court accepted the said application and filed the said application on June 20, 2006.