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(영문) 대전지방법원 천안지원 2017.04.28 2015가합103046
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, the Plaintiff’s external village, purchased the instant land in the name of wife D for the purpose of newly constructing and operating a telecom on the land indicated in No. 1 of the attached Table of Real Estate List (hereinafter “instant land”) around early 2013, and completed the registration of ownership transfer on the instant land in the name of D on March 20, 2013.

B. On October 23, 2013, C entered into a contract with the Hans Construction Co., Ltd. (hereinafter “ Hans Construction”) under the name of Hans Construction Co., Ltd. (hereinafter “ Hans Construction”), under which the construction cost of the instant construction works is KRW 1,100,00,000 (including value-added tax) with respect to the construction of the building listed in No. 2 in the attached Table No. 2 (hereinafter “instant land”). The Hans Construction subcontracted part of the instant construction works to the Defendant and the Es&T compound (hereinafter “ST compound”).

C. The Plaintiff completed the registration of ownership transfer on October 29, 2013 by mutual agreement with C on October 29, 2013.

Meanwhile, on April 2, 2015, the registration of preservation of ownership was completed in the future of the Plaintiff with respect to the instant franchise, on April 2, 2015, when the Plaintiff filed an application for provisional disposition prohibiting the instant franchise from taking the right to claim the implementation of the procedures for registering the establishment of a neighboring collective investment loan (hereinafter “large-scale investment loan”) as the preserved right.

9. around 14. Around 14.m. approval for the use of the instant telecom.

On December 12, 2014, the Plaintiff created a collateral security of KRW 900,000,000 with respect to a loan from an investment in bulk, and borrowed KRW 783,00,000 in aggregate from a loan in bulk over five times between September 15, 201 and September 17, 2015. Around September 4, 2015, the Plaintiff borrowed approximately KRW 100,000,000 from E and to E with respect to the instant real estate.

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