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(영문) 춘천지방법원강릉지원 2015.01.15 2014가합100224
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 391,343,675 to the Defendant (Counterclaim Plaintiff) and its related amount from November 7, 2014 to January 15, 2015.

Reasons

1. Basic facts

A. On May 25, 2010, the Plaintiff (hereinafter “Plaintiff”) received from F (hereinafter “F”) the electrical construction of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant building”) which was constructed for the purpose of operating medical facilities and funeral parlors from F (hereinafter “F”) and received KRW 1.265 billion, and around October 1, 2010, 410,000,000,000 in the steel-frame structure of the instant building, respectively, and received the telecommunication and heating and cooling system for the instant building.

B. While the Plaintiff Company was performing the construction works contracted from F as above, F was unable to receive the progress payment for the construction works of the instant building from F on November 30, 201 after completion of the foundation construction of the instant building on or around November 30, 201.

C. On June 10, 2012, the Plaintiff Company entered into an agreement with F and A (F) to the effect that if the construction cost of KRW 1 billion not paid by the end of June 2012, which was paid by F and B (Plaintiff Company) was not paid by the end of June 2012, the Plaintiff Company: (a) entered into a change of the owner’s name; (b) however, the Plaintiff Company entered into an agreement with B (Plaintiff Company) and A (F) to refund the remainder other than the total cost and profit required upon completion of the said object, and accordingly, (c) entered into a written consent for change of the owner’s name with the Plaintiff Company around June 2012.

Plaintiff

The Company did not pay the unpaid construction cost of KRW 1 billion until the end of June 2012. The Company filed a lawsuit against F to demand the performance of the claim for the procedure for change of the name of the owner of the instant building building construction permit by this Court 2012Gahap1415, which was the cause of the claim for the foregoing agreement, and was sentenced to the Plaintiff’s winning judgment on November 22, 2012, and the said judgment became final and conclusive around that time.

Plaintiff

On January 4, 2013, the company and F changed the name of the owner of the building building building of this case in the name of the Plaintiff Company according to the above judgment.

E. The Plaintiff Company attempted to carry out the building project, such as executing the remaining construction of the instant building, and F.

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