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(영문) 창원지방법원거창지원 2020.11.03 2019가단901
소유권이전등기말소등기
Text

The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

Around October 207, the Plaintiff requested D to take charge of the overall affairs for the construction of solar power plants (hereinafter “instant power plant”) on the Eth of Gyeongnam-gun, Chungcheongnam-gun, the Plaintiff paid KRW 3,311,858,55 for construction costs and various authorization and permission costs on behalf of C, and received KRW 2,748,894,750 from C, while performing the duties for the construction of the instant power plant, such as the establishment of a stock company (hereinafter “C”), permission for the instant power plant, construction works and attracting policy funds. From October 2009, the Plaintiff paid KRW 2,748,894,750 among them, and C received KRW 562,963,805 for the remainder of the indemnity amount (=3,311,858,555 won -2,748,794,75050,500 and damages for delay).

However, on October 5, 2015, C concluded a sales contract for each real estate listed in the separate sheet Nos. 1 and 2 with the Defendant on October 5, 2015, and became a bad debt.

Therefore, the Plaintiff, against the Defendant, revoked the sales contract for each real estate indicated in the separate sheet Nos. 1 and 2 between C and the Defendant, and accordingly, sought implementation of the procedure for registration cancellation of each transfer of ownership as stated in the purport of the claim that was completed due to the said sales contract under the name of the Defendant.

Judgment

In full view of the purport of Eul evidence No. 1 and the entire arguments, the plaintiff asserted the same as this case, and 2,748,894,750 won, 750 won, which was paid by the plaintiff, on May 21, 2020, when the plaintiff was entrusted by C with construction works for the construction of the power plant of this case, authorization, permission, etc. for the construction of the power plant of this case by the Daegu District Court (2018Gahap207995) to C, D, and the defendant, while putting together the overall tasks of the construction works for the construction of the power plant of this case and the overall affairs of the authorization, permission, etc., by the plaintiff, on behalf of C, even though it is recognized that the evidence submitted by the plaintiff was paid by D and C.

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