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(영문) 대전지방법원서산지원 2020.10.08 2019가합51286
건축주명의변경절차이행등
Text

1. The Defendants are to the Plaintiff:

(a) the owner of each parcel of land listed in the separate sheet No. 1 D.

Reasons

1. Facts of recognition;

A. On June 8, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a sales contract to purchase each of the instant land at KRW 1.3772,80,000 (hereinafter “instant sales contract”) with the Plaintiff, the owner of each of the instant land, and the purchase price for each of the instant land at KRW 1.3772,80,000,000 (hereinafter “instant sales contract”) on each of the instant land listed in the separate sheet No. 1 (hereinafter “each of the instant land”) on the ground of each land listed in the separate sheet No. 1 (hereinafter “E”), and determined that the remainder KRW 1.277,80,000 should be substituted by a trust company’s beneficial interest certificate, and that the new construction and sale of housing will be completed by June 6, 2017.

B. In addition, for the execution of the instant project, Defendant C Co., Ltd. (hereinafter “Defendant C”) was selected as the contractor and concluded a construction contract with Defendant C to newly construct a housing complex for electric power resource on each of the instant land.

C. On October 23, 2015, the Plaintiff and the Defendants filed an application for permission to engage in development activities for each of the instant land with the mayor of Seosan, and received permission to engage in development activities for each of the instant land under the joint name from the mayor of Seosan on the land and received a report on the construction of 25 new housing units on the land, the Plaintiff and the Defendants paid all of the share of farmland diversion charges, the development activities permission performance guarantee, the purchase expenses of national housing bonds, license taxes and public charges, all of the tax and public charges, the deposit expenses due to conversion of mountainous districts, the restoration expenses due to conversion of mountainous districts, the construction report, and the civil engineering-related fees, and received the permission to engage in development activities for each of the instant land under the joint name from Seosan

Defendant C suspended construction on or around May 2016 while the construction was commenced on or after November 2015, and on or around January 8, 2017, Defendant C decided to waive all the rights of Defendant C related to the instant project under consultation with the Plaintiff and Defendant C.

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