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(영문) 대전지방법원 2014.11.06 2014가합1953
유치권확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 25, 201, C Co., Ltd. (hereinafter “C”) concluded a sales contract to purchase KRW 860,000,000 (hereinafter “instant real estate”) the instant building and its site, which are the instant building owned by light investment development from light investment companies (hereinafter “ light investment development”), and the Seo-gu, Daejeon-gu, Daejeon (hereinafter “instant building and its site”), to purchase KRW 520.5 square meters (hereinafter “instant sales contract”).

B. C received the instant real estate from light investment development on the day of entering into the instant sales contract according to the instant sales contract. On May 12, 201, the Daejeon District Court received the instant real estate from light investment development on May 12, 201, and completed the provisional registration for preserving the right to claim for ownership transfer registration based on the purchase and sale reservation (hereinafter “provisional registration of this case”).

Since then C started remodeling Works for the instant building.

C. On May 201, 201, Gyeongman Investment Development requested C to request for the rescission of the instant sales contract on the condition that it would purchase the instant real estate under a better condition than CHaman. On May 27, 201, C and Gyeongman Investment Development agreed to pay C KRW 520,000,000 in return for the termination of the instant sales contract on May 27, 201.

In order to recover from the original state following the rescission of the contract of this case, the Daejeon District Court 201: 7325, 11461, and 14729 (Counterclaim) filed against C with C for the delivery of the first floor among the buildings of this case and the procedure for the registration of cancellation of the provisional registration of this case. C filed for the payment of KRW 400,000 out of the construction cost of the said remodeling as a counterclaim against the development of investment. On October 25, 2012, the above court claimed against C for the payment of KRW 400,000 out of the construction cost of the said remodeling (hereinafter “claim for the construction cost of this case”). However, the main lawsuit and counterclaim for the development of investment, which was due to the claim for the principal lawsuit and counterclaim, are well-grounded, but there is a relation of simultaneous performance of the principal lawsuit and counterclaim.

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