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(영문) 춘천지방법원강릉지원 2015.06.23 2014가합1433
소유권이전등기
Text

1. Of the main claims, 1/2 of the 3rd floor of the real estate indicated in paragraph (1) of the attached Table among the 2,684.09 square meters, among the real estate indicated in the attached Table.

Reasons

1. Basic facts

A. 1) The Plaintiff Company C (hereinafter “C”)

2) The land listed in the separate sheet No. 2 (hereinafter referred to as “instant land”).

) Medical facilities and building of Class 1 and Class 2 neighborhood living facilities (a building being constructed for the purpose of operating medical facilities and funeral parlors) which were being constructed on the 5th and upper parcels, were completed thereafter, and became a building listed in Section 1 of the attached Table.

In total before and after completion, "the building of this case" is "the building of this case".

(2) On June 5, 2012, a decision to voluntarily commence the auction procedure was made on the instant land, which is the instant building site, D with the application of the Korea Credit Guarantee Fund, which is a land-mortgaged mortgage (mortgaged mortgage), and the auction procedure was conducted accordingly.

3) As of June 10, 2012, the Plaintiff agreed with C to the effect that “where C does not pay the Plaintiff the construction price of KRW 1 billion not paid to the Plaintiff by the end of June 2012, the Plaintiff entered into an agreement to change the name of the owner.” Accordingly, C around that time, the Plaintiff entered into a written agreement to change the name of the owner. 4) The Plaintiff did not pay KRW 1 billion for the construction price until June 2012, the Plaintiff did not pay KRW 1 billion for the Plaintiff by the end of June 2012. The Plaintiff filed a lawsuit against C for demanding the performance of the procedure to change the name of the owner under the building permit of the instant building under the Gangwon District Court Branch Branch 2012Ga1415, and was sentenced to a favorable judgment of the Plaintiff on November 22, 2012, and the said judgment became final and conclusive as is.

Accordingly, C changed the name of the building owner under the building permit of this case to the plaintiff according to the above decision on January 4, 2013.

B. The Plaintiff’s refusal to enter into an agreement on February 13, 2013 and E’s agreement on February 13, 2013 is defective, and the Defendant, the C representative director, was the Plaintiff.

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