logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.27 2017가단216058
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 27, 2012, the Defendant entered into a subcontract agreement with the E Co., Ltd., the contractor of the “new construction of D Building” implemented by Nonparty C (hereinafter “C”), setting the electrical construction cost of the said newly constructed construction as KRW 362,00,000 (including value-added tax) for sewage supply (hereinafter “instant construction contract”).

B. The instant construction contract was concluded by Nonparty F, a director of the Defendant’s construction business division, in the name of the Defendant on behalf of the Defendant, and F agreed upon the Defendant’s on-site director who performed the instant construction work, and upon completion of the instant construction work, to be transferred from the Defendant to the fourth floor G of the D building.

C. F borrowed a total of KRW 58,380,000 from the Plaintiff as the instant construction capital between January 20, 2012 and May 20, 2013.

On February 7, 2012, the Defendant agreed with C to sell the fourth floor G of the D building to KRW 290,53,000 as the price for the construction work under the instant construction contract, but the said sale price was settled as the construction cost under the instant construction contract, and C entered into the lower part of the contract in the sales contract that “The sale price shall be settled as the price for the electrical construction of the D building (B).”

E. Meanwhile, in order to secure the payment of loan claims against F, the Plaintiff was sold in lots with the Defendant jointly.

(B) On June 22, 2012, the registration of ownership transfer was made in the name of H Co., Ltd. (hereinafter the name of H Co., Ltd.) on the same day, and the registration of ownership transfer was completed on June 22, 2012.

G. The Defendant: (a) against I Co., Ltd., and (b) as the buyer of the instant real estate, performed the subcontracted construction work.

arrow