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(영문) 서울남부지방법원 2015.12.08 2014가합115439
소유권이전등기말소 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff’s claim against D is against D, which was newly built on the G ground, such as G, the wife population E, E, E, and E, the same LF, etc. (hereinafter “instant loan”).

1) The foregoing four parcels consisting of Dong 102, Dong I, J, K, and L (hereinafter above four parcels referred to as “instant site”).

(15) The 15 household of this case, which was newly built on the ground (attached Form 1 to 5, each of the real estate indicated on the list 1 to 5, hereinafter “the 15 household of this case”).

(2) On November 6, 2013, Seoul Southern District Court 201Na10724, Seoul Southern District Court 2012Na103792, the appellate court of the instant case filed a lawsuit, such as the payment of construction cost under the contract for the construction work in the Republic of Korea and N, and the return of unjust enrichment for the construction work not for the purpose of the said contract. (2) On November 6, 2013, in the instant case including Seoul High Court 201Na103792, the appellate court of the instant case, “D shall pay to the Plaintiff 98,569,091 and 984,608,146 won with 5% per annum from July 24, 2009 to November 6, 2013; and from the next day to the date of full payment, 20% per annum from the following day to the date of full payment; and from July 13, 2011 to the date of full payment.”

B. Defendant B’s contract for the new construction of the instant 15 generation (hereinafter “instant contract”) with the owner as Defendant B on the ground of the instant site between D and D to newly construct the instant 15 household units up to April 21, 2008 with the construction cost of KRW 480 million between D and D (hereinafter “instant contract”).

(2) On October 4, 2006, Defendant B and D prepared the “written agreement and loan construction contract” as to the instant contract on August 4, 2006, and Defendant B divided the remaining construction cost into KRW 100 million and paid KRW 80 million until March 21, 2008.

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