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1. The Defendant (Counterclaim Plaintiff) has the jurisdiction over the Plaintiff (Counterclaim Defendant) with respect to the area of 572 square meters and the area of 30 square meters and the area of 49 square meters.
Reasons
1. Basic facts
A. On July 5, 2011, the Plaintiff entered into an agreement with D and E as its implementer, and with F as its contractor, the Plaintiff entered into an agreement with the Plaintiff to implement and execute a business of constructing urban-type residential housing and to build a building on the B & C-49 square meters owned by the Plaintiff (hereinafter “instant land”). On August 2014, the Plaintiff suspended the Plaintiff’s business due to financial shortage of the implementer.
B. Around October 2, 2014, the Defendant and G, who became aware of the suspension of business due to the loan of funds for the above business, shall succeed to and proceed with the above construction work, and a written agreement between the Plaintiff and the Plaintiff as follows.
The Plaintiff sold the instant land at KRW 720 million to the Defendant (the KRW 700 million was to be paid in lieu of the acceptance of the collateral obligation of the establishment registration of a neighboring mortgage established on the instant land). A provisional registration has been made to the Defendant. Before the registration of ownership transfer, the Plaintiff may transfer the instant land to a trust company, and the Plaintiff and the Defendant agree without any condition.
The Plaintiff is issued 50 million won as preferential beneficiary certificates from the trust company after transferring the instant land to the trust company, and G sells one household of urban-type residential housing to the Plaintiff after completion of construction.
The plaintiff transfers the name of the building permit to the defendant, and after the trust on the land in this case, the project shall run as the execution company by the defendant.
C. On October 2, 2014, the Plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) against the Defendant on the same day as the receipt of No. 37083 on October 2, 2014 with respect to the instant land.
After that, upon the Defendant’s request, H, on October 13, 2014, drafted a written agreement on behalf of the Plaintiff, the Defendant, and the G, and the content thereof is replaced by the second day of the same month.