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(영문) 부산지방법원 2017.07.27 2016가단320421
소유권이전등기
Text

1. Defendant C Co., Ltd.: (a) 5% per annum from October 30, 2015 to February 1, 2017 with respect to KRW 80,88 million to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is the owner of the new construction of G primary aggregate building located in Ulsan-gun, Ulsan-gun, which is the owner of the instant condominium building (hereinafter “instant aggregate building”).

(However, Defendant B ordered the above construction work to Defendant C Co., Ltd. (Defendant E), and Defendant C Co., Ltd. (the representative director J, but in substance he acted as his agent; hereinafter “Defendant Co., Ltd.”) subcontracted the remaining construction work, excluding the part in charge of the existing company during the above construction work, to Defendant C Co., Ltd. (the representative director J, and K Co., Ltd.) at KRW 671 million (excluding value-added tax).

B. The registration record of the instant apartment was completed with respect to the fifth floor No. 503 of the instant apartment building (hereinafter “instant apartment”), as follows:

(1) On July 3, 2015, upon Defendant B’s application for Defendant B’s creditor L, registration of ownership preservation was completed in the future of Defendant B.

(2) On July 9, 2015, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed in Defendant D’s future due to the same trade reservation.

(3) On January 19, 2016, the registration of provisional disposition prohibiting the Plaintiff from taking advantage of its creditor (hereinafter “registration of provisional disposition of this case”) was completed.

(4) On February 19, 2016, the main registration based on the provisional registration (hereinafter “the principal registration of this case”) was completed at the same time as Defendant E’s additional registration prior to the provisional registration was completed due to the trade on January 21, 2016.

(5) As the principal registration of the instant case was completed, all of the registrations completed after the said provisional registration was revoked, and the registration of the instant provisional disposition was also revoked.

(6) On February 26, 2016, the provisional registration of the right to claim ownership transfer of M and N 1/2 shares was completed due to the same trade reservation.

However, this was cancelled on May 31, 2016 due to the cancellation of the same person.

(Plaintiff was originally considered as a co-defendant in this case, and then withdrawn the lawsuit against two persons after confirming the cancellation thereof).

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