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(영문) 수원지방법원성남지원 2016.08.12 2015가합492
소유권이전등기
Text

1. The plaintiff's action against the Korea Land and Housing Corporation, and the defendant C and the defendant C among the lawsuits against the defendant B.

Reasons

1. Basic facts

A. The Defendant Korea Land and Housing Corporation (the former two Korea National Housing Corporation, the Korea National Housing Corporation, and the Defendant Corporation) is the implementer of the Seoul Southern-gu J Housing Site Development Project District, and is the seller of the commercial site in the said project district, and is the seller of the instant site. Defendant B is the first buyer of the instant site, and Defendant C, D, and Kui Integrated Construction Corporation (hereinafter “Defendant C, etc.”) is the one who newly built L (hereinafter “instant aggregate building”) on the ground of the instant site after succeeded to the status of the buyer of the instant site from Defendant B, and the Plaintiff acquired ownership by winning a successful bid of the instant aggregate building in the process of compulsory auction.

B. On March 28, 2007, Defendant B and Defendant Corporation purchased the instant site in KRW 3,976,54,000 for the purpose of constructing a building for the designated purpose; however, after Defendant B paid in full the sale price, Defendant B requested the approval of the use of the instant site, Defendant B entered into a sales contract with the content that the sale price shall be paid in full and the sale price shall be fulfilled after the completion of the cadastral record adjustment.

C. On February 5, 2008, Defendant C, etc. purchased the buyer’s right to the instant site from Defendant B in KRW 427,654,40. On March 19, 2008, Defendant C, etc. loaned KRW 2,380,000,000 from Nonghyup Bank, and KRW 120,000,00 on March 21, 2008, respectively, and paid full payment of KRW 4,158,911,210 in total and KRW 4,158,91,210 on March 21, 2008. On the same day, Defendant B and Defendant B agreed to succeed to the entire rights and obligations of the buyer.

Defendant C, etc., obtained a loan from the Nonghyup Bank on March 19, 2008, and in order to secure their respective loans, the Nonghyup Bank is related to the site of this case to its Defendant Corporation.

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