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(영문) 부산지방법원 동부지원 2018.11.29 2018가단5791
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C sold each of the above land to J, and completed the registration of ownership transfer on June 28, 2003 under the name of J on October 9, 2003, and changed the name of the owner of the building on May 9, 2003, after completing the registration of ownership transfer under the name of J on June 28, 2003.

B. J on October 28, 2003, the above-mentioned Construction Co., Ltd., Co., Ltd., Ltd. (hereinafter referred to as 'W's comprehensive construction')

B. On March 25, 2004, the construction of the two new buildings listed in paragraph (1) (hereinafter referred to as the "officetel of this case") was contracted with the construction cost of KRW 4,058,450,000, and K performed the construction as the site manager. However, the construction was suspended for reasons such as the non-payment of the construction cost by J, and K and Preferential Construction was drafted a written agreement on the waiver of construction.

C. After that, on April 22, 2004, J concluded a partnership agreement with L, M, N, andO (the above four persons, hereinafter referred to as “L”) introduced by K for the purpose of carrying out construction directly through K and for the purpose of preparing construction funds, and continued construction with L, etc. as well as 30% of profits earned after the completion of the instant officetel to J, and 30% of profits to L, and 70% of profits to third parties, respectively. L and 3 others completed the registration of transfer of ownership in the name of M and P with respect to the instant site, which is the site of the instant officetel on September 6, 2004.

On August 11, 2004, the construction process is resumed, such as the voluntary auction procedure and the public auction procedure commenced at the request of the Dongsan Agricultural Cooperative.

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