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(영문) 의정부지방법원 2015.02.03 2013가단163362
소유권이전등기
Text

1. Of the real estate listed in the separate sheet No. 2 to the plaintiffs

A. As to Defendant D’s share 13.5/75 of 4111, b.

Reasons

1. Facts of recognition;

A. 1) On November 1, 1996, the Plaintiffs prepared the instant agreement with Nonparty H, each of the real estate listed in [Attachment 3 and 4 (hereinafter “I land and J land”) in the order of [Attachment 3 and 4].

3) On the ground, “K”, a commercial building with the size of the first and sixth floors above the ground (hereinafter “instant building”).

(2) On November 1, 1996, H concluded an agency contract with the purport of entrusting all business affairs related to new construction to the above H. At that time, H bears the total expenses incurred until the completion of the building of this case, such as removal of the building without permission on the above ground, design, construction of the building of this case, and the designation of the constructor. Upon completion of construction, H agreed to settle the construction expenses incurred by the Plaintiffs in the manner of transferring the ownership of the first and third floors of the building of this case to H. 2) under the contract with H as of November 1, 1996, which was selected as a company for the construction of the building of this case as a company for the construction of the building of this case, but the said company was subject to the disposition of transaction suspension from the financial institution, and again, the construction expenses for the new construction of the building of this case (hereinafter “the construction of this case”) were set at three,361,50,000 won and the construction period (excluding value-added tax) and from April 5, 1998.

3) After November 26, 1998, the plaintiffs entered into a new agency contract with H to delegate all the duties of the contractor for the above construction contract. At that time H to acquire the 1th and 4th floor of the building in this case from the plaintiffs, but it shall be sold in lots and leased to other units under the responsibility of H, and it shall be appropriated for the sales price and the corresponding taxes and public charges. If it is difficult to pay the above sales price and the security deposit, the plaintiffs shall borrow from the plaintiffs the 1st and the 5th, the 6th and the 6th from the sales price and the security deposit (interest).

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