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(영문) 서울중앙지방법원 2014.11.18 2014가합519257
소유권이전등기
Text

1. As to real estate listed in the separate sheet:

A. Defendant Howon Construction Co., Ltd. is the Plaintiff on May 8, 2007.

Reasons

1. Basic facts

A. 1) Co-owners of the Seocho-gu Seoul Metropolitan Government B Dae-gu 1646m2 and the cell integrated construction company, on August 2, 2002, are apartment C with the 7th underground floor above the above site (hereinafter “instant building”).

2) The construction project newly constructed (hereinafter referred to as the “instant construction project”)

On March 19, 2003, the construction was suspended due to the bankruptcy of Ecell Integrated Construction Company, and the beneficial owner, around April 2003, decided to acquire the instant building and perform the remainder of the construction. At that time, co-owners of the land entered into a contract on the instant construction with the beneficial owner of the land. The original White Construction Co., Ltd. (hereinafter referred to as the “original White Construction”) who is the subcontractor of the Defendant Mine.

Around July 28, 2003, the construction of the instant building was newly constructed to the extent that it can be seen as an independent building that is socially accepted by society, but the construction was subsequently interrupted thereafter. 2) The Defendant Min Il-Hy, at the time of September 16, 2004, drafted an agreement to the effect that “The co-owners of the instant building pay and settle the money that the co-owners paid for the construction of the instant building up to December 20, 2004, and, if the co-owners of the instant building fail to perform this, give up the instant construction and withdraw all equipment and waive all their rights, such as the cost of construction.”

(2) On January 10, 2005, the land co-owners entered into a contract for the construction of passenger houses and the remaining construction on January 10, 2005, as the land co-owners failed to pay money under the instant agreement (hereinafter “instant agreement”). The construction of passenger houses from around that time to June 2007, the instant building was completed around June 8, 2007. (b) On May 8, 2007, the Plaintiff entered into the contract for the sale of the Plaintiff’s land from the construction of passenger houses (attached Form 602; hereinafter “instant 602”).

The sales contract was concluded to purchase at KRW 900 million (hereinafter referred to as "the case").

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