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(영문) 청주지방법원 2019.06.12 2018나6977
소유권말소등기
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1. The lawsuit of this case is dismissed in exchange for another court.

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

Reasons

Basic Facts

Since around 2007, C (hereinafter referred to as “C”) promoted the “Ocheon City Project” (hereinafter referred to as the “instant Project”) which newly constructs separate-type containers, including each building listed in the real estate list (hereinafter referred to as “each building of this case”) on the land (attached Form 2) including Jeju City D.

The Plaintiff is a company that runs the construction design and supervision business, and around 2007 to 2010, entered into a service contract, such as design, supervision, business management, etc. relating to the instant business, and provided such service.

In around 2011, the Plaintiff and C agreed to settle the total amount of KRW 1,096,448,000 in service cost under the above provision of services.

On November 5, 2013, the Plaintiff attached the beneficiary claim and the remainder claim to be received at the time of termination of the trust related to the instant business to J Co., Ltd. or the disposal of the trust real estate.

(Cheongju District Court 2013Kahap708). C ceased to be out of the fund difficulties while carrying out the construction of each building of this case, and C sold to F Co., Ltd. (hereinafter referred to as “F”) the instant project site (D and 15 lots outside Jeju City) and the building on the third floor above the Eth of 2013 to 2014, in the process of public sale in progress around 2013 to 2014.

At the time of the appraisal for the above public auction procedure, each of the instant buildings was excluded from the subject of the appraisal.

On May 13, 2015, the Plaintiff filed a lawsuit against C on the claim for service costs as set forth in the foregoing Paragraph (b) and confirmed around that time after receiving a favorable judgment (Cheongju District Court Decision 2015Gahap349) that “C shall pay the Plaintiff KRW 1,096,448,00 and its delay damages.”

Around October 1, 2015, the Defendant entered into an agreement with C to take over all of the instant business rights, including the right to permit for each of the instant buildings, and paid C the amount of KRW 1.6 billion and one billion in return.

The defendant around October 21, 2015.

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