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(영문) 서울고등법원 2013.03.08 2011나106190
소유권이전등기 등
Text

1. On the Defendant (Counterclaim Plaintiff) B, Defendant (Appointed Plaintiff), and Plaintiff (Counterclaim Plaintiff) C added at the trial.

Reasons

Basic Facts

O, including the process of the construction of the instant building, with respect to the size of 179 square meters in Gwanak-gu, Seoul Special Metropolitan City on August 2, 1978, P on November 21, 1997, with respect to the size of 175 square meters in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City on December 21, 1997, the Appointor D completed the registration of transfer with respect to the size of 142 square meters in Seoul Special Metropolitan City, Gwanak-gu on December 2, 1996, and Defendant B completed the registration of transfer with respect to 208 square meters in Seoul Special Metropolitan City, Seoul Special Metropolitan City M

(A) On January 22, 1998, Defendant J land, K land, L land, and M (hereinafter “N-owned land”). On January 22, 1998, Defendant D and Defendant B obtained a building permit from 19 households of tenement houses (hereinafter “instant building”) on each N-owned land (hereinafter “instant building”) and commenced new construction works on April 6, 1998. However, on January 6, 198, Co., Ltd., Ltd suspended construction works under the condition that the construction works were completed only due to the shortage of funds.

Q has been awarded each of the above lands in the voluntary auction procedure for J and 11 September 18, 1999 and paid the price around that time, and completed the registration of ownership transfer on September 29, 199.

On March 20, 200, the Plaintiff entered into a contract for construction and sales delegation (Evidence A 1-1) with the designated parties D and Defendant B as follows.

1. This construction contract delegates to the Plaintiff all superficies and all rights to the present underground floor, including the cost of civil construction works executed by the Plaintiff before completion of the construction work, the subcontractor is responsible and payable for the construction cost of the previous subcontractor, including the cost of civil construction works for which the construction of the underground floor was completed.

4. The Plaintiff shall have both superficies and right to sell the land upon completion of the construction project, and the Selection D and B shall not have all authority, and shall actively cooperate in the sale of the land.

All taxes incurred by this project shall be preferentially borne by the designated parties D and Defendant B and shall be added to the settlement of accounts.

5. Upon completion of a construction project, the Plaintiff’s interest rate of KRW 350 million, bank interest rate of KRW 300,000,000 for land, and the amount paid up to now, as well as the required costs, shall be the amount of KRW 100,000,000

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