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(영문) 창원지방법원통영지원 2013.07.18 2011가합2643
소유권보존등기말소 등 청구의 소
Text

1. As to each real estate listed in the attached real estate list to the Plaintiff:

A. Defendant B is KRW 673,325,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s tenement house (hereinafter “instant building”)

In order to construct E, 1,69m2 and 350m2 of G field (hereinafter “instant land”) from E around November 2009.

(2) The Plaintiff, a husband of the former husband, was invested in the new building of this case from Defendant B, a husband of the former husband, to obtain permission for the construction of the new building of this case in the name of Defendant B.

3) Accordingly, Defendant B prepared a sales contract on the land of this case with E on November 10, 2009, and paid 200,000,000 won out of 248,000,000 won to E on January 8, 2010, and completed the registration of ownership transfer on the land of this case under one’s own name on January 25, 2010. The remainder of the sales price was paid by the Plaintiff, and H, his father, his father, who was his father, paid 5,706,420, 5,449,30 won for acquisition tax imposed on the land of this case on April 23, 2010. (2) The Plaintiff, who had not obtained a comprehensive construction business license, decided to undertake the construction of the building of this case under the name of the corporation with a comprehensive construction business license, and registered the Plaintiff as its husband at the time of registration as the Plaintiff’s employee.

Accordingly, around March 2010, Defendant B, the nominal owner of the building, prepared a contract for the construction of the building in this case to Liber General Construction Co., Ltd.

The contract shall be entered in the change of the contractor and the contractor.

2. Since then, the Plaintiff’s business of raising construction funds, concluding construction contracts, paying wages and construction cost, and I as the field director, instructed and supervised construction business operators, and H as his ancillary to the Plaintiff was carrying out the construction of the instant building in the course of performing accounting work.

Defendant B also owns the instant building.

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