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(영문) 울산지방법원 2017.09.13 2016가단23969
소유권이전등기
Text

1. The plaintiffs' claims and the independent party's claims are all dismissed.

2. Of litigation costs;

(a) main office;

Reasons

The claims of the main office and the independent party intervenor shall also be considered.

Ⅰ. The progress of the case and the following facts are recognized to the effect that there is no dispute or the entire pleadings, other than odic evidence.

1. On the ground of approximately KRW 20,00,00, Ulsan-gu, Seoul Special Metropolitan City Co., Ltd. (hereinafter referred to as the "Plaintiff Sejong-gu Co., Ltd.") conducted the purchase of land from early 2005 in order to promote the construction of a new complex building project (hereinafter referred to as the "instant project"), and the Plaintiff Co., Ltd., Ltd., Ltd., (hereinafter referred to as the "Plaintiff Song Young-gu Development") was a corporation that acquired the right to implement the instant project from Plaintiff Sejong-gu, Seoul Special Metropolitan City Co., Ltd. on May 18, 2006 and promoted the project with the acquisition of the right to implement the instant project.

[A, B] On February 2, 200, the Plaintiff’s instant sales contract [A] No. 3] states “B” as well as the development of the Plaintiff’s dispatching industry, which refers to the purchaser at the bottom of the outer cover, along with the development of the Plaintiff’s dispatching industry. The development of the Plaintiff’s dispatching industry was affixed along with the Plaintiff’s Sejong, and even at various places in the terms of the contract, the Plaintiff’s “Buyer” in the last Chapter is clearly indicated as the purchaser.

Therefore, the plaintiffs are bound to conclude the sales contract of this case with the defendants as joint buyers.

Moreover, the Defendants’ “B” was drafted as of May 18, 2006, prior to the conclusion of the instant sales contract. Thus, insofar as it is evident that the Plaintiff’s development in the instant sales contract was involved in the conclusion of the contract in the buyer’s status, the validity of the instant sales contract for business transfer and takeover does not reach any effect in the instant sales contract, and ultimately, the buyer’s status cannot be deemed to have been transferred to the Plaintiff Y.

In this regard, the defendants and the independent party intervenor disputing the status of purchaser of the development of the plaintiff Song-sung Industry.

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