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(영문) 춘천지방법원강릉지원 2013.11.07 2012가합573
건축주명의변경절차이행
Text

1. As to the building permit stated in the separate sheet on January 7, 2013 on the ground of termination of title trust:

Reasons

1. Basic facts

A. D around June 2003, around 2003, intended to construct a 4-story multi-household housing (hereinafter “instant construction”) on the ground (hereinafter “instant land”) on which Gangwon-si, Seoul-si, 251 square meters and G previous 26 square meters (hereinafter “instant land”) owned by E, and to sell the relevant land, and received a construction permit for the instant construction project (hereinafter “instant construction permit”).

B. D was awarded a contract for the structural construction among the instant construction works to the KD Construction Co., Ltd., but the KD Construction Co., Ltd. was not paid for the structural construction works from D, and upon acquiring a building under construction from D, purchased the instant land from E.

C. The Plaintiff lent KRW 130 million to the KD Construction Co., Ltd. as the construction cost, and was not repaid the loan from the said company. Around January 2005, the Plaintiff transferred the instant land and the building under construction from the said company for repayment of the loan, changed the name of the building owner under the instant construction permit to the Plaintiff, and then entrusted D with the remaining construction work, and D continued the construction work by borrowing money from the Plaintiff.

On August 13, 2005, D agreed to the effect that if the KD Construction Co., Ltd. borrowed from the Plaintiff on August 13, 2005, D would not pay it to the Plaintiff by August 30, 2005, after settling accounts of the total amount of KRW 130 million borrowed from the Plaintiff as construction cost, KRW 38 million in cash, and KRW 168 million in cash, and interest, etc., D would not claim the right to the term "as soon as it does not pay it by August 30, 2005."

E. Ultimately, D failed to complete the instant construction, and failed to repay the borrowed amount to the Plaintiff according to the agreement above.

F. After that, Defendant B agreed to undertake the instant construction work with the Plaintiff on March 6, 2006, and Defendant B completed the instant construction work until May 19, 2006.

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