(영문) 수원지방법원 2015.05.01 2014나22496

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(영문) 수원지방법원 2015.05.01 2014나22496

공탁금출급권자확인

Text

1.The judgment of the first instance shall be modified as follows:

D d April 20, 2012, the Suwon District Court's Sungnam branch of Suwon District Court.

Reasons

1. Basic facts

A. On June 8, 2009, the Plaintiff is divided into two multi-household houses (two units per floor, 101, 202, 201, 202, 202, 301, 302, and 402) on each of the above lands to the Defendant, who is a construction business operator, in order to newly build and sell multi-household houses on the land owned by the Plaintiff in Gwangju-si, G-si, 18 square meters and E large 551 square meters.

hereinafter referred to as “multi-household housing in this case”

(2) On September 29, 2009, the Plaintiff and the Defendant agreed to transfer the ownership of 101, 102, 202, 302, and 402 of the instant multi-household housing as payment in lieu of the said construction cost to the Defendant, and the Plaintiff agreed to settle the said construction cost by receiving KRW 20 million from the Defendant. The Intervenor participated at the time of the said construction contract and the settlement agreement on construction cost. (2) On the same day, the Plaintiff completed the registration of the Housing Construction and Sales Business for the location of each of the instant multi-household housing, and newly constructed the instant eight multi-household housing units around May 2010.

B. 1) The Plaintiff and the Defendant, around June 2010, delegated the issue of establishment of the right to collateral security and the right to collateral security regarding the instant newly built multi-household construction, cash settlement between the parties, payment of construction cost, transfer of ownership, etc. to attorneys-at-law. On the other hand, the agreement stipulating the matters to be mutually implemented by the original Defendant on the said issue (hereinafter “instant agreement”).

this section, and the basis for this section.

Details are as follows:

Agreements

3. Around April 15, 2010, the Defendant sold to H 402 out of five rooms that the Plaintiff agreed to receive payment in kind from the Plaintiff, and the Plaintiff immediately completed the registration of ownership transfer with respect to the above 402 units.

4. The Plaintiff shall pay the construction price to the Defendant among multi-household houses in this case.

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