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(영문) 부산지방법원 2015.01.09 2012가합9112
건물명도등
Text

1. The remaining Defendants except Defendant C are attached to the Plaintiff.

2. The term “Possession” in the list is indicated.

Reasons

1. Basic facts

A. The Plaintiff, a owner of the 264m2 in Busan Dong-gu D (hereinafter “E”) concluded an agreement on the payment of the purchase price of the instant building on the premise that, among Defendant C, the owner of the 172m2m2 in F. F. D land and F land (hereinafter collectively referred to as “instant land”), Defendant C would have entered into an agreement on the payment of the purchase price of the instant building in lieu of part of the instant building on the premise that Defendant C would obtain a construction permit under the joint name on the said D land and F land (hereinafter collectively referred to as “instant land”). On July 25, 2003, the Plaintiff entered into an agreement with the head of Busan Dong-gu, for the payment of the purchase price of the instant building under the joint name, and the construction of the instant building commenced after obtaining the construction permit (hereinafter referred to as “the instant building permit”) to newly construct apartment houses and Class I and II neighborhood living facilities (hereinafter referred to as “the instant building”).

B. On July 2005, E, around July 2005, when the amount of the construction fund is short, indicated as “share of the new construction project” in the share agreement pursuant to the instant building construction project with Defendant B. This seems to have set the standards for allocating profits derived from the completion of the new construction project of this case and the sale of the building in lots.

Among them, 60% of them are allocated to E, 40% are allocated to Defendant B, and E delegated all the powers concerning the construction of the instant building to Defendant B, and entered into an agreement with the said Defendant to perform the construction work.

C. Defendant B borrowed funds for the construction of the instant building from H, I, etc., and these creditors were incorporated by the Plaintiff Company on July 8, 2005, and H was registered as the representative director on the corporate register.

H On behalf of the Plaintiff, on July 12, 2005, the Plaintiff secured the right to implement and construct the instant building construction between Defendant B and the Plaintiff.

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