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(영문) 서울고등법원 2017.09.29 2016나2045647
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) Nonparty E and F are Nonparty C Co., Ltd. (former trade name: D; hereinafter “Nonindicted Company”)

(1) The land of this case (hereinafter referred to as “instant land”) is established by establishing the Dong-gu Seoul Metropolitan Government and 17,000 square meters (hereinafter referred to as “Seoul Metropolitan Government”).

(1) The business of constructing a new brokerage hole building on the instant site (hereinafter referred to as the “instant business”) which operates a large restaurant in and on its ground.

2) On October 21, 201, the non-party company, non-party E, F, G, and H jointly owned the instant site (hereinafter “instant construction”) awarded a contract for the construction of the instant construction project to Sungho Comprehensive Construction Co., Ltd. (hereinafter “Sho Lake Construction”) by setting the construction cost of KRW 7.38 billion on the said site (hereinafter “instant construction”).

B. On the one hand, on September 2012, Nonparty H sold his share in the instant site to the Defendant (after that, the Defendant succeeded to the status of the contractor of H). On September 18, 2012, the Defendant entered into a joint project agreement with Nonparty F and J on the instant project with the Defendant (hereinafter “instant primary partnership agreement”).

Article 3 (Transfer of Land, etc.)

1. The Yeongdeungpo-gu Seoul Metropolitan Government I shall be transferred to the defendant.

2.O, P, Q, R, S (H and non-party company shares 1/5) transfer to J.

3. Other parcels shall be the owners (F, E, G, T) on the current registry.

4. The value of the whole land shall be 16 billion won.

Article 4 (Transfer of Registration of Building) The name of a building constructed in a project area shall be the joint ownership by the defendant, the non-party F, and the J, and the shares shall be 1/3 each.

A change of the name of a project owner shall be made immediately after the transfer of ownership is registered.

Article 4 (Financial Obligations) Any financial obligation which is current or may arise in the future shall be jointly liable for each business operator one-third and shall be paid interest and all costs on the fixed date.

Article 5 (Raising Funds) The name of the Defendant and J.

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