logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.11.25 2013가합528469
소유권보존등기등말소
Text

1. As to the real estate stated in Paragraph 15 of the attached Table among the lawsuits against the Plaintiff against the Defendant Hapy Korea Credit Union.

Reasons

1. Basic facts

A. The Plaintiff’s claim for construction price against T Co., Ltd. (1) on November 8, 2000, the Plaintiff was changed to T Co., Ltd. (the trade name before the change was “U,” but was changed to “V Co., Ltd.” on February 1, 2001 and “T Co., Ltd.” on March 2, 2003.

hereinafter referred to as "T"

2) From the Nam-gu Incheon Metropolitan City W (hereinafter “instant site”)

(1) The main complex building of the 4th underground and the 111th ground floor size (hereinafter referred to as “the instant officetel”).

The Plaintiff entered into a contract for construction work with the construction cost of KRW 7,205,000,00. Accordingly, the construction work of the instant officetel was suspended on or around July 2002, and the said construction contract was rescinded on or around August 21, 2002. (2) The Plaintiff filed a lawsuit against T with the Plaintiff seeking payment of the construction cost. The first instance court (Seoul Central District Court 2006Na4606) dismissed the Plaintiff’s claim, but the appellate court (Seoul High Court 2007Na48617) partially accepted the Plaintiff’s claim, and the appellate court (Supreme Court 2008Da292466) reversed and remanded the construction cost of the said appellate court on the basis of misapprehending legal principles.

After remanding, on February 13, 2013, the appellate court (Seoul High Court 2008Na88933) rendered a judgment that "T shall pay to the Plaintiff 2,603,527,789 won after deducting approximately KRW 4,100,000,000 of the paid construction cost from approximately 6.7 billion of the paid construction cost, and damages for delay." The said judgment became final and conclusive around that time.

3) T은 현재 무자력 상태이다. 나. 건축주 명의 변경 및 X 주식회사 명의의 소유권보존등기 1) 이 사건 오피스텔 신축공사가 중단된 후, 위 공사의 건축주는 T에서 Y, Z, 주식회사 하이팰리스(이하 ‘하이팰리스’라 한다) 등으로 순차 변경되었다가, 2007. 6. 18. 하이팰리스에서 T로 변경되었고, 같은 날 T에서 X 주식회사(이하 ‘X’이라 한다)로 다시 변경되었다.

2..

arrow