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(영문) 서울중앙지방법원 2018.03.21 2017가합571836
소유권보존등기말소등기 등
Text

1. The Plaintiff:

A. The bankruptcy trustee A and the stock company of the defendant bankruptcy debtor Ston Construction Corporation.

Reasons

1. Basic facts

(a) New Integrated Finance Co., Ltd. (former Trade Name: New Investment Finance Co., Ltd.; hereinafter “New Investment Finance Co., Ltd.”)

) The land listed in paragraphs 1 through 4, and 6 of the Schedule 2, and the Gyeongnam Enterprise Co., Ltd. (hereinafter referred to as “Gyeongnam Enterprise”) shall be

[Attachment 2] Each of the lands listed in [Attachment 5 and 7] and B respectively owned the lands listed in Appendix 2 List 8(8) (hereinafter collectively referred to as “each of the instant lands”).

2) Around 1994, Gyeongnam-si provided each of the instant lands owned by each of the instant lands and provided a portion owned by each of the instant lands to build a new office building on that ground, but the construction works decided to undertake a joint construction project with the content that the Gyeongnam-si will be assigned to and run by the Gyeongnam-si.

3) Thereafter, to participate in the above construction project, B provided the land owned by it between Gyeongnam and Gyeongnam company on August 16, 1994. On the ground of each of the instant land owned by Gyeongnam, B, and Gyeongnam-si, the size of 6 stories underground and 20 stories above ground (hereinafter “instant building”).

) A new project (hereinafter referred to as “instant project”)

(4) A project owner shall obtain a building permit for the building of this case from the head of Gangnam-gu in 1996, and thereafter on October 1, 1996, the final agreement on the project of this case is as follows: (i) the land value owned by Gyeongnam-gu in 3.7 billion won; (ii) the land value owned by Gyeongnam-do in 3.3 billion won; and (iii) the land value owned by Gyeongnam-do in 3.4 billion won; and (iv) the land value owned by Gyeongnam-do in 3.4.497 billion won.

(2) The cost required for a joint project shall be apportioned according to the investment ratio (22.287%, B8.476%, 69.237%, and 69.237%, as stated in the basic plan) set forth in the basic plan, and the remainder of the cost, excluding the value of land, shall be apportioned according to the ratio of the construction cost at the time of entry (27.127%, B9.145%, and 63.728% of the new amount).

(3) The area of a building shall be distributed to the Southern Enterprises 3,485, B1.

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