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(영문) 서울중앙지방법원 2015.02.13 2013가합24967
구분지상권말소등기 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of litigation shall be borne by the Plaintiff and the Intervenor joining the Plaintiff.

Reasons

Basic Facts

The Plaintiff, as a company that aims at the construction business, etc., planned the business of constructing and selling the H’s commercial building (hereinafter “instant building”) on the ground of 1,151 square meters (hereinafter “instant land”) purchased from the Non-Party G G Co., Ltd. and 4 lots of land purchased from the Non-Party G Co., Ltd. (hereinafter “the instant land”), and obtained a building permit on June 23, 2004.

On July 29, 2005, the Plaintiff concluded a real estate security trust agreement with the K non-real estate trust company (hereinafter “trust company”) for the instant building business, and completed the registration of ownership transfer for the instant land to the trust company on the same day.

Plaintiff

The Intervenor paid some of the sales price and the sales price to the Plaintiff according to the sales contract between May 2005 and December 2006.

The Central Design Co., Ltd. (hereinafter “Selfd Construction,” “Central Design”), which is a stock company and its subsidiary, is a joint contractor. On July 29, 2005, between the Plaintiff and the Plaintiff on July 29, 2005, the period of business is 21 months from October 2005 to June 2007, and the time contractor decides to complete the liability within the construction period without relation to the payment of the construction cost, and the time contractor shall not refuse the completion of the liability on the ground of the Plaintiff’s duty.

“Before the construction of the instant building was changed, the Plaintiff entered into a contract for the construction of the instant building. The Plaintiff filed an application for consultation with the Mapo-gu Seoul Metropolitan Government Office, stating that the construction of the instant building was in progress on November 2006, when the construction of the instant building was in progress since August 2005, and that “the construction of the instant building and the installation of the instant 2nd floor and the 1st entrance (hereinafter “1 entrance”) connected to the 1 entrance (hereinafter “the instant building”) within the sidewalk connecting the two underground floors of the instant building and the 1 entrance to the direction of the building.”

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