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(영문) 창원지방법원 2017.08.31 2016가합50924
손해배상(기)
Text

1. Defendant Te. 11,500,000 won for Plaintiff A, 9,400,000 won for Plaintiff B, and Defendant Te. 24.

Reasons

1. Facts of premise;

A. On March 22, 2013, V purchased W, X-Gun’s land and buildings on its ground (hereinafter “instant land and buildings”) through the auction procedure. On August 22, 2013, V concluded a remodeling contract with the Z (hereinafter “Z”) that Defendant T was actually operating, for the purpose of remodelling the instant building and operating a hotel under the name of “Y hotel” (hereinafter “the instant hotel”).

B. The Plaintiff Korea building development company, M,O, P, Q, and R entered into a construction contract with respect to the instant building as indicated in the attached Table “the construction content” column with V, or provided labor at the construction site of the instant building, or supplied goods to the instant hotel.

C. V died on May 23, 2014.

On May 23, 2014, the instant land and buildings were registered for transfer of ownership in the name of Z Co., Ltd., and the registration of transfer of ownership was completed in the name of the Defendant U on July 31, 2014, and in the name of the name of the name of the Co., Ltd., Ltd. (hereinafter “titled rice”) on September 22, 2015.

[Reasons for Recognition] Facts without dispute (applicable only to Defendant U), Gap evidence 1 to 24, 36, Eul evidence 1 to 1 (including branch numbers; hereinafter the same shall apply), Gap witness's testimony, and the purport of whole pleadings

2. Determination as to the claim against Defendant T

A. The plaintiffs' primary assertion 1A) The owner of the instant building, who is the owner of the instant building, transferred the instant land and the instant building to the name of the Z substantially operated by the defendant T before the death, and agreed to pay the plaintiffs the obligations for the construction cost of the instant land and the instant building as the responsible property, and completed the registration of ownership transfer under the name of AB.

B) Since then, Defendant T shall register the ownership transfer of the instant land and buildings in the Z name under the same agreement as the above 1) with the Plaintiffs.

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