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(영문) 서울중앙지방법원 2011.11.10 2009가합105173
소유권이전등기 등
Text

1. The lawsuit against Defendant E among the lawsuit against the Plaintiff (Counterclaim Defendant) shall be dismissed;

2. The plaintiff (Counterclaim defendant) is entitled to do so.

Reasons

1. Basic facts

(a) Matters concerning the registration of each real estate in this case shall be as shown in the attached Form;

2. Matters concerning the registration of each real estate;

2) The 4 parcels, including J, K, L, and M, in order, are “J land”, “K land”, “L land”, “M land”, or both “N”. The 19 household unit houses on the N are “this case’s building.” (b) Defendant D purchased L land at KRW 50 million from Defendant C on August 2, 1996 and completed the registration of ownership transfer under Defendant D’s name on December 2, 1996. Defendant D borrowed part of the above purchase price at the Industrial Bank of Korea at the time of purchase of L land, but thereafter, transferred the right to the land on behalf of Defendant C with Defendant D’s repayment of loans to the Industrial Bank of Korea around 197, on condition that Defendant D’s repayment of loans to the Industrial Bank of Korea was made on behalf of Defendant C, the owner of each of the instant building permit or each of the instant land under the name of Defendant D 1 and the owner of each of the instant land acquired the construction permit or each of the instant land under the name of Defendant D 1 and each of Defendant D 2.

4.6. The construction was commenced on September 6, 199, but the said construction was suspended due to the shortage of funds, and Nonparty Q was awarded a bid for each of the above lands in the voluntary auction procedure for J land and K’s lands on September 18, 199 and paid the price around that time, and completed the registration of ownership transfer on the 29th of the same month.

2) On March 20, 200, Defendant B and D entered into a contract for construction and sales delegation (Evidence A No. 1-1) with the Plaintiff as follows. The construction contract, sales delegation contract, and agreement (Defendant B and D referred to as “Defendant B” and the Plaintiff “B” are deemed to be “B”.

A person shall be appointed.

1. This construction contract shall be made before B, including the cost of civil construction works for which the construction of the first underground floor has been completed, delegated to B all superficies and all powers that currently have the first underground floor and completed the construction of the first underground floor.

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