logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.12.01 2017나31454
매매대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

2. Costs of appeal.

Reasons

1. Facts of recognition;

A. On October 7, 201, the Plaintiff acquired ownership of CJ 1121 square meters (the land category was changed from the paddy field to the site on December 3, 2013; hereinafter “instant land”).

B. On August 8, 2011, the Plaintiff entered into a construction (land) project implementation agency and construction contract (Evidence A; hereinafter “instant contract”) with the Defendant as follows.

In implementing the project on the land of this case, the plaintiff and the project execution agent shall conclude a project implementation and construction contract as follows:

1. (Purpose) The defendant shall pay the construction cost and the land price by executing by proxy and executing by proxy the land of this case.

2. (Land Price) The land price shall be 1,100,000 won per square;

Total amount of KRW 373,560,000

3. (Authorization and Permission issue) The defendant shall obtain the authorization and permission by preparing all necessary expenses for the authorization and permission.

4. (Method of Payment of Land Price) The land price in this case shall be paid as a sale price or a loan of financial rights after completion and may be paid as a substitute in consultation with the Plaintiff and the Defendant.

5. (Matters of Consultation) In consideration of the peculiarity of the instant contract, the Plaintiff and the Defendant shall own shares of 50:50, and register the Plaintiff and the Plaintiff’s recommending person as a director in the certified copy of the corporation

After the payment of land price has been made, the plaintiff shall transfer the shares owned by the plaintiff to the defendant.

C. On November 14, 2013, the Plaintiff completed the registration of ownership transfer on the instant land to the Defendant, and the Defendant transferred the ownership again to one asset trust company due to the same day trust.

After the Defendant newly constructed the instant apartment 9th floor D (hereinafter “instant apartment”) on the instant land, on October 21, 2013, the Defendant registered the preservation of ownership, and on November 14, 2013, the Defendant transferred the ownership on the ground of trust to the asset trust company, one household of the instant apartment.

E. Meanwhile, the Plaintiff and the Defendant, on October 1, 2013, respectively, 501 and 502 of the instant apartment.

arrow