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(영문) 서울동부지방법원 2014.01.21 2012가단48955
소유권이전등기
Text

1. Defendant I Co., Ltd. (Counterclaim Plaintiff), C, D, E, F, G, and H are paid in excess of KRW 290,66,426 by Defendant I Co., Ltd.

Reasons

The main lawsuit and counterclaim are also examined.

1. Fact that there is no dispute over the basic facts [based for recognition], Gap evidence 1, 2, 3, 7, 8, and 12, witness J or K testimony, and purport of the whole pleadings;

A. Defendant B C, D, E, F, G, and H (hereinafter “Defendant B, etc.”) concluded a construction contract (hereinafter “instant contract”) on February 22, 201 with the Defendant Company to remove the said Gu’s building and to construct a five-story multi-household housing (hereinafter “the instant new building”) on the same place, as the sectional owners of the building of 441 square meters and its 3rd floor (hereinafter “instant Gu building”).

(B) The terms and conditions of the instant contract are as follows: (1) The construction site of Songpa-gu M New Construction Project (2): the date of commencement of the construction project: Songpa-gu L (3): the scheduled date of completion: October 10, 201: the contract price of KRW 900 million (including value added tax): The construction cost of KRW 900 million (including KRW 500 million): The construction cost of KRW 900 million shall be paid to the contractor with two houses of five stories among newly constructed houses; (2) the contractor shall borrow the construction cost of KRW 500 million from the contractor with the total financial interest and expenses incurred by the contractor; and (3) the Defendant Company shall complete the construction project and obtain approval from the Administrator of Songpa-gu on December 20, 201 for the use of the new building of this case; and (4) the Defendant shall complete the registration of ownership transfer from each of the instant houses under the Seoul East Eastern District Court (214.12.14.14.21, 2011.

On the other hand, among the new buildings of this case, 201 Nos. 2, 301 and 302 of Defendant E and Defendant F and 401 respectively completed registration of initial ownership by Defendant G and 402, respectively. Defendant C and D completed registration of initial ownership by one half, respectively. Defendant C and D completed registration of initial ownership. 501 are housing of this case.

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