logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.08.25 2015가합1793
소유권이전등기말소
Text

1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B.

Reasons

1. Presumed factual basis

A. In order to operate an urban-type residential housing project (hereinafter “instant project”), the Plaintiff purchased 514.4m2 and 429.1m2 (hereinafter “each of the said real estate”) in the Gu Government-si, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff.

B. On November 22, 2012, the Plaintiff obtained a building permit on each of the instant real property, which newly constructs one unit of multi-family housing (urban-type residential housing) with the fourth underground floor and fifteenth ground level on each of the instant real property (hereinafter “instant building permit”).

C. The Plaintiff’s economic situation aggravated, such as the seizure and provisional seizure of each of the instant real estate and the commencement decision of auction, etc., was at a risk that the instant project will become unnecessary.

On May 15, 2015, the Plaintiff agreed with Defendant B to operate the instant business in order to attract investment funds and to transfer the said situation.

(hereinafter “instant trade agreement”). The main contents of the instant trade agreement are as follows:

The plaintiff shall newly build an urban residential housing with the authority of the executor and the Si construction, and using the already permitted drawings.

Defendant B shall make an investment of KRW 1.5 billion for the instant project and repay debts, and cancel the burden, such as the registration of establishment of a neighboring mortgage on each of the instant real estates.

Each real estate of this case is entrusted to the trust company and the project funds are financed by the project financing method from the bank.

Defendant B shall provide the Plaintiff with subsidies not exceeding KRW 200 million in order to facilitate the instant project.

Upon the completion of the instant project, Defendant B shall preferentially distribute 200% of the total amount of investment (3 billion won) from a trust company in the following order of bank loans (such as mid-term and construction costs), and the Plaintiff shall have the right to distribute the remainder of the profits, excluding the above priority dividend, out of the profits accrued at the completion of the project.

On May 15, 2014, the Plaintiff objection with Defendant B.

arrow