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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) had obtained a building permit listed in the attached Table 1 from the competent authority in around 2007, and constructed a new building on the land of the E-gi 1453m2 (hereinafter “instant land”) on the ground of the attached Table 2 (hereinafter “instant building”).
B. The name of the owner of the instant building was changed from D on March 27, 2009 to F Co., Ltd. (hereinafter “F”).
C. On March 29, 2010, the Plaintiff entered into a contract for the transfer and takeover of rights with F.
hereinafter referred to as the "Agreement dated March 29, 2010".
3. Indication of the right to be assigned;
1. All ownership and superficies on the land of this case
2. A contract for the transfer or acquisition of a building owner's right to the construction site of a G hospital (H) construction project shall be concluded with respect to the first and second indication rights of the owner;
Article 1 In relation to the registration of Jeju District Court on March 27, 2009 and the registration of ownership transfer in the name of owner F made under No. 19448 on March 27, 2009, F waives its ownership by recognizing the claim for cancellation of D’s ownership transfer registration in the Jeju District Court 2009Gahap2732 on March 27, 200.
In this case, the plaintiff acquires ownership from D.
Article 2 In the case of winning the registration of ownership transfer as the plaintiff in the Jeju District Court 2009Gahap2732, F shall not exceed 45 days, and the debt limit (principal: 3,150,000,000) shall be taken over by the plaintiff and the settlement of the agreement obligation shall be replaced by the first order after the completion of new construction works of G Hospital.
Provided, That the plaintiff shall take over the above 1 real estate after consultation with D and settle the F's construction cost claims after completion of the G Hospital separately.
Article 3 With respect to the construction of the new G hospital in the above 2 G hospital, F shall implement the procedures for reporting the change in the name of the owner of the building to the plaintiff and the completed portion of the new G hospital construction.