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(영문) 서울고등법원 2014.12.16 2014나2010012
소유권이전등기말소등기
Text

1. All the claims of the Counterclaim that have been changed in exchange at the time of the trial are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On May 28, 1982, the Counterclaim entered into a partnership agreement with the counterclaim Defendant with the following contents:

(hereinafter referred to as “instant trade agreement”). 1. List of the Counterclaims owned by them

1.3. Investment in each of the lands described above, and the counterclaim Defendant shall construct two houses with one of the two stories above each underground, and one of the two stories above the ground, on each of the above two parcels, in the amount of KRW 500,000 per ordinary construction cost.

2. Upon completion of the above house, the above house construction cost, constructed by the counterclaim defendant, in the amount of 500,000 won, shall be assessed as 600,000 won per ordinary day, each of the above lands in which the counterclaim plaintiff invested in the amount of 500,000 won, and the remaining profits shall be deducted equally.

3. To lease the underground floor and the second floor to another person before the sale thereof after the completion of the above house, and to pay part of the construction cost to the counterclaim defendant;

4. The counterclaim shall immediately offer each of the above land to the bank as a collateral and receive a loan, and pay the counterclaim to the defendant as part of the construction cost of the above house;

5. The counterclaim defendant shall pay to the counterclaim 2,00,000 won with the deposit for the commencement of the above construction work, but if he disposes of the above housing, he shall receive a refund by deducting it from the proceeds of the sale.

6. In order to secure the return of construction cost borne by the counter-party Defendant after the completion of the above house, the counter-party filed a provisional registration to preserve the right to claim ownership transfer in the future of the counter-party Defendant after completing registration of ownership transfer in the future of the counter-party Defendant.

B. On or around June 3, 1982, the counterclaim Defendant started the Housing Construction Corporation and list the annexed sheet around September of the same year.

2. Two houses, including the entered houses, were constructed, and the list of the Lessees in the attached Form;

2. On December 31, 1983, the Seoul Central District Court received the Seoul Central District Court’s order No. 187118, and completed the registration procedure for initial ownership relating to the stated buildings.

C. The counterclaim Defendant shall set up a separate list based on the instant trade agreement.

1.3. Each description;

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