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1. The Seoul Northern District Court 2008Na3884.
Reasons
1. Facts of recognition;
A. On May 25, 2004, the Plaintiff concluded a contract with the Defendants on March 29, 2005 with the construction cost of construction 1,037,019,710, construction period, from April 15, 2005 to March 31, 2006, to remove existing buildings on the ground of 677m2 in Gangnam-gu, Seoul (hereinafter “the Defendant”) and to newly construct an apartment with the total of 18 units above the ground level 1,037,01,01, 601, 701, 702, and 703m2 (hereinafter “the instant apartment”). After completing the new construction of the instant apartment, the Plaintiff and the Defendants entered into a contract with the Defendants on March 29, 2005 on the construction cost of the instant apartment, instead of the Defendants’ construction cost of the instant apartment.
B. Meanwhile, on July 15, 2005, the Plaintiff borrowed KRW 80 million from C, and entered into a sales contract with C on July 15, 2005 to sell real estate (hereinafter “instant real estate”) 202, out of the instant apartment to C among the purchase price of KRW 150 million, and the Plaintiff did not pay KRW 150 million until January 30, 2006, with a special agreement that the instant real estate should be owned by C.
C. After that, C filed an application with the Suwon District Court for provisional disposition prohibiting the disposal of the instant real estate with respect to the instant real estate as a preserved right by providing the Defendants with the right to claim the registration of ownership transfer under the said sales contract as a preserved right, and on December 29, 2006, C received a provisional disposition prohibiting the disposal of the said real estate from the said court (hereinafter “instant provisional disposition order”).
Meanwhile, on the other hand, the registration of provisional disposition in accordance with the decision of provisional disposition in this case was commissioned, and on January 25, 2007, the registration of ownership preservation was completed for each of 1/9 shares of the instant real estate in the future of the Defendants.
C The Seoul Northern District Court against the Plaintiff and the Defendants.