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(영문) 서울북부지방법원 2015.06.26 2014가단51647
소유권이전등기말소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s husband C, D, E, F, G, H, I, J, and K (hereinafter “C, etc.”) is the owner of M apartment on the land of 676 square meters in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, to remove the existing apartment building and to reconstruct the apartment of 18 households in total of the first and seventh floors above the ground. The Defendant’s husband, D, E, F, G, H, I, J, and K (hereinafter “C, etc.”) obtained a building permit from the Gangnam-gu Office on October 4, 2004 in order to construct

B. On March 29, 2005, G, the representative of C, etc., made a contract with the Plaintiff on April 15, 2005, setting the date of commencement, March 31, 2006, setting the contract amount as KRW 1,037,019,710, and the Plaintiff entered into a contract with the Plaintiff to take charge of the whole construction of the said apartment under the name of the company-based comprehensive construction. The Plaintiff, as a general rule, did not pay the Plaintiff a total of nine households, including (i) No. 201, 202, 301, 401, 601, 702, 703, and (ii) 203, 302, 302, 402, and 503, 306, 206, 306, 306, 306, 206, 306, 306, 506, 306, etc.

C. The Plaintiff filed a lawsuit against C, etc. for ownership transfer registration regarding an apartment building of the said substitute agreement as Seoul Northern District Court 2007Gahap1128, Nov. 13, 2008. The above court rendered a judgment that “C, etc. received KRW 265,110,000 from the Plaintiff and simultaneously implement the procedure for ownership transfer registration on the ground of the payment agreement on March 29, 2005 with respect to each of 1/9 shares of the immovables 201, 401, and 701.”

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