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(영문) 서울서부지방법원 2016.01.15 2015가단242262
독립당사자참가
Text

1. The plaintiff shall deliver each real estate listed in the separate sheet to an independent party intervenor.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. The form of the instant lawsuit and the subject of the adjudication against F and G (hereinafter “the Defendant”) filed a lawsuit against F and G (hereinafter “instant real estate”) seeking confirmation of the lien on each of the real estate listed in the separate sheet (hereinafter “the instant real estate”). An independent party intervenor (hereinafter “participating”) filed an application for intervention against the Plaintiff seeking delivery of the said real estate on the premise that the Plaintiff’s lien on the said real estate is not recognized. On December 18, 2015, the Plaintiff renounced the Plaintiff’s claim, thereby making a decision on this point.

2. Basic facts

A. On April 7, 2010, the Plaintiff purchased the pertinent land at KRW 288,00,000 from the purchase price to the Defendants, who are co-owners of the Republic of Korea HW 90.9 square meters and 94.3 square meters (hereinafter “instant land”). The Defendants entered into an agreement with the Defendants to bear KRW 2 million from the construction cost and civil engineering design cost; the Plaintiff newly constructed a multi-household house on the said land with the burden of KRW 4.5 million from the construction cost and civil engineering design cost; and pay the purchase price of the said land from the sale price; the remainder of the sale price is the Plaintiff’s profit; the secured debt of KRW 90,000,000,000,0000,000,000,0000,000,0000) established on the said land (hereinafter “instant land”); the interest accrued from March 31, 2010 to July 1, 2010.

B. On April 30, 2010, the Defendants: (a) between J Co., Ltd. that the Plaintiff was unregistered directors and J Co., Ltd. with respect to the new construction of multi-household housing on the instant land (hereinafter “instant construction”) 300 million won.

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