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(영문) 울산지방법원 2016.09.27 2015가단62196
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Party 1) E is a person engaged in a building business. From January 9, 2012 to June 17, 2013, the Plaintiff (it was established on December 2, 2003 and was registered as the Plaintiff Company B, F Co., Ltd. on June 19, 2013, and on January 22, 2015.

2) G [This case’s land]

B. (3) The former owner was the Plaintiff’s auditor for the same period. Defendant D was the Plaintiff’s internal director on May 9, 2012, and was dismissed on June 17, 2013. Defendant C was the Defendant D’s wife. Defendant C was awarded a contract for construction of an urban-type residential housing project, including studio-type housing, by investors (owner and landowner) and distributed investors and profits. When E is the representative director of the Plaintiff, the construction business was not required according to the scale of construction, and the construction business was concluded in the name of the Plaintiff.

4) On April 22, 2013, H (the current representative director of the Plaintiff), and I entered into a contract for acquisition of the Plaintiff’s company’s management right, stocks issued, construction business license, etc., and accordingly, they resigned from the Plaintiff’s representative director on June 17, 2013. (b) On May 5, 2012, the Plaintiff (the representative director E at that time) (the purchase of the Plaintiff’s name and the conclusion of the construction contract between the Plaintiff and the Defendant C) purchased the land under the name of Defendant D by investing KRW 20 million in the name of Defendant D, and the Plaintiff (the contractor) completed the Plaintiff’s construction at the Plaintiff’s expense by entering into the contract for construction of urban-type residential housing with Defendant D (the contractor, the owner, and the landowner).

hereinafter referred to as “instant agreement”).

After completing the preservation registration of building ownership in the name of Defendant D, the ownership of completed building including the site ownership is premised on the transfer to the plaintiff or the buyer designated by the plaintiff.

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