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(영문) 서울고등법원 2015.11.27 2015나8690
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 13, 201, 201, 1 B purchased 334 square meters (hereinafter “1 site”) and 188 square meters (hereinafter “2 site”) in Eunpyeong-gu Seoul Special Metropolitan City, J affiliated thereto, and completed the registration of the right to claim transfer of ownership on March 14, 2001, 200 the registration of the right to claim transfer of ownership based on the purchase and sale promise was completed for 1 and 2 sites. On May 19, 2001, 1 and J’s name obtained a building permit for newly constructing multi-household housing in the name of 1 and 2 sites, and after completing the registration of ownership transfer on November 22, 2001, the above building permit was changed to B.

(2) B decided to newly build a multi-household house with 19 units on the ground of the 4th floor above the ground (hereinafter referred to as “non-Dong”), 2 sites, E, F, G, and H-owned five parcels on the ground (hereinafter referred to as “multi-household house in this case”) with the 19th unit size above the 5th floor above the 5th unit.

(3) B entered into an agreement with E, F, G, and H to transfer the ownership of each household in return for the provision of land to E, F, G, and H, while performing all duties related to the construction and sale of the instant multi-household housing. After completing the instant multi-household housing, B agreed to transfer the ownership of each household in return for the provision of land.

B. Change in the name of building permit (1) B borrowed 430,000,000 won as the purchase fund for the new construction of the instant multi-household house from K, and completed the registration of transfer of ownership on November 28, 2001 with respect to the land for the first and second sites for the purpose of securing the above loan obligation to K, and completed the registration of transfer of ownership on April 16, 2002 with respect to the land for the first and second sites for the second sites for the first and second sites for the above loan obligation to K, but thereafter, the said registration was carried out as the substantial owner of the instant multi-household house

(2) On May 30, 2002, B changed the name of the building permit for non-Dong to K, and changed the name of the building permit for transfer to K, E, F, G, and H into the joint names of K, E, G, and H.

C. Change in ownership of the first and second sites and multi-household houses in this case (1).

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