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(영문) 서울중앙지방법원 2015.11.18 2014가합526637
소유권보존등기말소 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 2006, the Plaintiff and Defendant J completed the instant building as well as the instant building before and after the completion of the construction, as to N and O’s ground (a building which was designed as multi-unit housing of the fifth-story floor above the ground, and which was built in the same content as that of the building; hereinafter referred to as “instant building,” including the real estate listed in the separate sheet), which had been sold in lots and expected to earn profits therefrom.

B. Under the above agreement, around September 26, 2006, Defendant J purchased from M all the rights related to the site of the instant building and the instant building from M with its own funds, and on October 27, 2006, Defendant J changed the owner of the instant building from M to J.

C. Meanwhile, the Plaintiff and Defendant J established P Co., Ltd. (hereinafter “P”) around November 1, 2006 to purchase the instant building from M, conduct the construction work, and conduct the implementation project after completion of the construction work.

As above, at the time Defendant J purchased the right to the instant building from M, the instant building was interrupted in the course of the construction in up to the fourth floor. Since the purchase, Defendant J invested funds, and the Plaintiff was in charge of the construction work, and the construction was suspended due to Defendant J’s failure to raise necessary funds on January 2007 when Defendant J did not perform the construction work.

[However, the Plaintiff and Defendant J shall establish a new industry construction company (hereinafter “Arain industry construction”) in the above Corporation.

(e) Defendant J, the owner of the building formally, prepares a contract for the Aar Industrial Construction and Contract, and the Aar Industrial Construction Co., Ltd prepares a written subcontract with the Plaintiff in order to use the Aar Industrial Construction License.

Defendant J transferred the right to the instant building to the Plaintiff on January 23, 2007, subject to the Plaintiff’s full obligation due to the construction of the instant building, and under the name of Defendant J.

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