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(영문) 서울북부지방법원 2015.12.24 2015가단103880
소유권이전등기 등
Text

1. Defendant C is the Seoul Northern District Court with respect to one-half share of the real estate listed in the separate sheet to Defendant B.

Reasons

1. Facts of recognition;

A. Defendant B’s new construction of the instant multi-household house 1) The 146.1 square meter in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant land”).

F) On July 28, 1996, F was the owner of the instant land and the Defendant C’s 184.5 square meters adjacent thereto (hereinafter “instant 2 land”) owned by Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul.

(2) On July 28, 1996, in order to construct multi-household housing on the ground, F entered into a sales contract on the land of this case with Defendant C’s agent H on July 28, 1996. 2) On August 2, 1996, F entered into a contract with Defendant B on August 2, 1996 for multi-household housing construction on the fourth floor above the ground of this case, and upon receiving Defendant C’s consent to use the land of this case.

8. 12. Permission for construction of multi-household houses under the joint names between Defendant C and F was obtained from the Gangnam-gu Office.

3) When it was difficult to complete the construction of the above multi-household house because the construction cost is insufficient to pay the remainder of the land except the down payment and the construction cost is not properly procured, the F agreed on March 7, 1997 that the completed portion of the instant land and new building shall be sold to Defendant B in the amount of KRW 350 million, but the amount of KRW 220 million out of the purchase price shall be replaced by the sale of the said multi-household house to F in cash, and the remainder of KRW 130 million shall be paid in cash. 4) Accordingly, Defendant B completed the registration of ownership transfer in its name on the instant land on March 13, 1997, and on March 29, 197, the name of the owner of the above multi-household house was changed from Defendant C and Defendant C to “Defendant C”.

5) After that, Defendant B’s multi-household housing (hereinafter “multi-household housing in this case”) consisting of two households for each floor from May 1, 1997 to April 1, 199.

(B) In fact completed the instant multi-household housing. (1) Defendant B, as above, completed the instant multi-household housing in the name of the Defendants.

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