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(영문) 서울고등법원 2015.08.20 2014나2042545
소유권이전등기말소 등
Text

1. The part against Defendant B among the judgment of the court of first instance is revoked, and the above part is revoked.

Reasons

Basic Facts

If I and J, as between the progress of the construction of the instant building and I and J, provide I as the building site the instant building site the building site of the building of the building of the building of the case of the case of the building of the case of the building of the case of the building of the building of the case of the building of the building of the building of the 11th floor and the 2nd floor above the ground of the building of the building of the case of the building of the case of the building of the 11th floor above the ground and the 11th floor above the ground of the building of the building of the case of the case of the building of the case of the case of the building of the case of the building of the case of the

) A mechanical parking lot for the first floor and the second floor above ground (hereinafter referred to as “second-class building of this case”).

) On August 5, 2005, a new construction and sale agreement was made to divide profits by changing design price.

Defendant A’s contract for the construction of the instant building was made in the name of the owner in order to guarantee the return of investment funds on June 7, 200, and the J transferred his/her right to the construction of the instant building to Defendant A and dealt with all matters.

around July 31, 200, Defendant A contracted construction works to Jinjin General Construction Co., Ltd., Jin Chang Construction Co., Ltd., on April 13, 2001, on August 2001, the building supervision department construction office, and on December 2, 2003, suspended all construction works without completing the construction work.

On June 16, 2005, I and J concluded a sales contract for the instant building between I, J and Defendant H with a view to selling the instant building that was newly constructed on the instant land and its ground to Defendant H in KRW 6,000,000 (hereinafter “instant sales contract”).

On June 29, 2005, Defendant H and the Plaintiff entered into a construction contract on the instant building with the construction cost of KRW 6,050,000 (including value-added tax) as to the Plaintiff and the instant building. The reasons are that Defendant H’s comprehensive construction business license.

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