(영문) 인천지방법원 2019.11.08 2017가합62111

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(영문) 인천지방법원 2019.11.08 2017가합62111

손해배상(기)

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1. The part of the claim against the plaintiff among the lawsuit of this case by the plaintiff succeeding intervenor and the independent party intervenor shall be dismissed.

Reasons

The main lawsuit and the lawsuit of independent party intervention shall be considered together.

1. Basic facts

A. (1) around March 2016, the Defendants, as the owners of each household in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, 2016, owned the said site with shares of 62.4/499.2. (2) around March 2016, the Plaintiff entered into an agreement with the Defendants with the following content.

① The Defendants shall acquire N and O sites (hereinafter collectively referred to as “each of the instant lands”) in addition to the Incheon Bupyeong-gu K site, Incheon, and the owner thereof shall be the Defendants.

② The Plaintiff shall remove the old building on the ground above, and newly construct 26 units of multi-family housing with loans, etc. granted as security for each of the instant lands.

③ The Plaintiff shall transfer the ownership of each household per head to the Defendants, but the Defendants shall bear tax and public charges.

④ The Plaintiff shall acquire the ownership of the remaining 18 households, and shall fully repay loans that have been granted as security on each of the instant land.

3) In accordance with the above agreement, the Plaintiff purchased each of the instant land in the name of Defendant C, Defendant E, the maximum debt amount of KRW 1,430,000,000 and KRW 500,000,000,000,000 in total, and the above ground buildings of KRW 202.7 square meters in Incheon Bupyeong-gu, Incheon, and KRW 370,00,000 in total, from Q on April 25, 2016. (4) On July 20, 2016, the Plaintiff and the Defendants purchased each of the instant land in the name of Defendant E, Defendant E, the maximum debt amount of KRW 430,00,000 and KRW 715,000,000 in total, and obtained loans from RA as of the same day.

The Plaintiff used the above KRW 1,650,000 for building construction costs.

B. 1) The Plaintiff is a S Co., Ltd. (hereinafter “S”) around June 2016 in the name of the Defendants.

A) The building to be constructed on the ground of each of the instant land (hereinafter “instant building”) and each of the instant buildings

S enter into a contract for construction works and the same shall apply to them.

유사 판례

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