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(영문) 서울고등법원 2018.09.06 2017나2005967
근저당권설정등기말소등기
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's lawsuit against the defendant B of this case is listed in attached Form 1.

Reasons

1. Basic facts

A. The Plaintiff’s right to claim ownership transfer registration against the non-party company in relation to each land listed in attached Forms 1 and 2 is 1) D Co., Ltd. (hereinafter “non-party company”).

) On January 13, 2012, each land listed in Attached Forms 1 and 2 (hereinafter referred to as “one land”; “two land”; and “1 and 2 land” in common name.

(2) The non-party company entered into a contract for new construction works to construct a pented building on the land surface of the non-party company 1 and 2, and the Plaintiff was awarded a subcontract for part of the said construction works and completed subcontracted reinforced concrete construction works around November 2012, but did not receive the construction cost.

Since then, R, which is the actual operator of the plaintiff and E, who is the actual operator of the non-party company, was not in progress due to the financial difficulties, etc. of the non-party company, entered into a contract for transfer and acquisition of shares and management rights and a contract for construction works as follows on September 2, 2013:

(hereinafter referred to as “instant acquisition level and contract”). It is confirmed that the Plaintiff’s existing construction cost payable by Nonparty Company is KRW 2,424,870,000.

The plaintiff shall perform the construction work by contract with the non-party company at KRW 3,806,00,000.

In order to secure the payment of the aggregate of the existing construction cost and the remaining construction cost of KRW 6,230,870,00, the stocks and management rights of the non-party company owned by E, S, H, and T are transferred to R, U, and V.

If the non-party company fails to fully pay the construction cost, the non-party company waives all the rights to the land and the pented building on its ground and reverts to the plaintiff (water repayment agreement). 3 The plaintiff completed the above construction before February 2014, and obtained approval for the use of the pented building on the ground of the land around March 25, 2014, and 2 from the non-party company.

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