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(영문) 서울서부지방법원 2016.11.18 2016나30153
소유권이전등기
Text

1. At the preliminary claim added at the trial, the Defendant (Appointed Party), the Defendants, the designated parties L, M, and N are jointly and severally liable.

Reasons

1. Facts of recognition;

A. Defendant C, D, E, and network F (hereinafter “instant building owners”) decided to remove the above land’s houses and newly build neighborhood living facilities and multi-household houses around May 2010, as the owners of Yongsan-gu Seoul Metropolitan Government G, H, and I.

(hereinafter “instant construction”). At that time, Defendant D, E, and NetworkF delegated Defendant C the right to select the instant construction works in relation to the instant construction works, and the right to represent all acts related to the instant construction including the payment of progress payment as the owner representative.

B. On May 21, 2010, the instant building owner concluded a contract for the instant construction project (hereinafter “instant contract”) with the J (hereinafter “J”) on May 21, 201, setting the contract amount of KRW 1,392,125,00 as the date of commencement, May 27, 2010 as the date of commencement, and December 30, 2010 as the date of completion of the completion of the instant contract, and determined that the terms and conditions for the payment of the construction price should be paid in principle as payment at the time of sale, the collateral loans after completion, the substitutes (payment within three months from the time of completion of the preservation registration).

C. On the other hand, as the construction was delayed after J commenced the instant construction, the owner of the instant construction entered into a new contract for Scream Construction Co., Ltd. on October 21, 2010 with Scing Scream Construction (hereinafter “Scing Scream Construction”) and changed to Scream Construction.

However, the owner of the instant construction failed to smoothly carry out the instant construction project, and the owner of the instant construction agreed to contract the instant construction again to J, and to invalidate the said contract between Salking Snish Construction and Salking Construction.

Accordingly, the J paid 20 million won as agreed upon to Scream Construction on March 10, 201 and continued the instant construction until April 3, 2012.

J as a result of the shortage of funds during the process of performing the instant construction project, the real estate newly established in the separate sheet (hereinafter “instant real estate”) is secured in order to provide the insufficient construction cost.

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