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(영문) 서울중앙지방법원 2016.09.07 2015가단5293147
합의금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who supplied steel bars at the construction site of Seocho-gu Seoul Metropolitan Government C Apartment (hereinafter “instant apartment”) around 2004, and the Defendant is a person awarded a subcontract for the structural construction of the instant apartment at the same time.

B. As the Plaintiff and the Defendant failed to receive the payment of the price of the said apartment and the construction cost from the contractor of the instant apartment, the Plaintiff and the Defendant indicated only the apartment construction cost as payment for the construction cost, which was received from the owner of the instant apartment in lieu of the construction cost (hereinafter referred to as the “house construction cost”).

on September 12, 2006, the Agreement on Shares in Real Estate (A No. 6, hereinafter referred to as the "First Agreement") with respect to 602 on September 12, 2006, with respect to the transfer of shares to cover their respective claims.

this chapter. The first agreement on the shares in real estate (the first agreement) shall be drawn up.

1. Indication of real estate: Seocho-gu Seoul Metropolitan Government Apartment (the apartment in this case) 602 (41 square meters);

2. The share of the above real estate is agreed to two-minutes A (Plaintiffs of this case) 1 and B (Defendants of this case) 1/2.

3. The law firm of the above real estate is in the process of litigation with the owner on behalf of the owner.

4. All expenses required for the above real estate shall be borne by two persons each half.

5. If the above real estate has won in a lawsuit, two persons shall discuss and deal with it.

6. A written agreement on February 24, 2015 shall be null and void;

2) After December 10, 2007, the Defendant filed a transfer registration under its name with respect to the share of 8/11 on the grounds of sale and purchase as of February 26, 2004. On February 13, 2008, the Defendant acquired the ownership of the entire No. 602 on October 9, 2008 by filing a transfer registration for the share of 3/11 on the remaining 3/60 of 3/602 on the ground of a sale and purchase contract as of February 12, 2008, and then acquired the ownership of the entire No. 602 on October 602 on the part of 602 after the commencement of the voluntary auction procedure with the Seoul Central District Court E on October 9, 2008. The Defendant concurrently held the obligor on the distribution schedule prepared on September 15, 2009.

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