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(영문) 서울북부지방법원 2017.07.12 2016나37646
소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Defendants’ auxiliary intervenor as the parties had been awarded a contract for construction work in the name of the said company several times including the reconstruction construction work in the instant case as seen below, and the Plaintiff is a de facto spouse of de facto marriage.

B. Y and the Defendants’ Intervenor’s existing claims relations 1) on December 20, 2012, Y lent KRW 150,000,00 to E, and the Defendants’ Intervenor guaranteed the Defendants’ Intervenor’s obligations. 2) AE provided the Y with the land of Gwanak-gu Seoul Special Metropolitan City AF (the same as AG) and the 109,000 apartment housing located in Seocho-gu Seoul Special Metropolitan City as joint collateral, and completed the registration of creation of mortgage over KRW 325,00,000,000 on May 20, 2014.

C. On August 29, 2014, the Defendants’ assistant intervenor in the instant reconstruction project and the arrangement for payment in kind was awarded a contract for multi-household housing (ACB) reconstruction project (hereinafter “instant reconstruction project”) under the name of the Z Co., Ltd., and 40 households were newly built, and 24 households were sold to the Defendants, the members of the instant reconstruction project, and 16 households were given payment in kind as construction cost.

Of them, 601 is included in one household which will be paid in lieu of payment.

On April 1, 2015, when the instant reconstruction project was in progress, Defendant B, the representative of the reconstruction association, was the seller; the Plaintiff was the buyer; and the sales contract was prepared with the sales amount of KRW 250,000,000, in which the sales amount was KRW 250,000,000.

(hereinafter “instant sales contract”). On April 2, 2015, the Plaintiff transferred KRW 50,000,000 from the Plaintiff to Defendant B four times on four occasions, and each of the KRW 50,000,000 on the same day, to the Defendants’ Intervenor from Defendant B, the Defendants’ Intervenor was transferred in sequence from the Defendants’ Intervenor to Y.

Finally, 30,000,000 won will be paid to the plaintiff.

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