(영문) 서울동부지방법원 2015.06.10 2014나20525

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(영문) 서울동부지방법원 2015.06.10 2014나20525

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1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

[Attachment 6] to the Plaintiff (Counterclaim Defendant).

Reasons

1. The scope of the judgment of this court is to seek against the Defendants the implementation of the procedure for the registration of ownership transfer regarding the instant housing. Defendant B, etc. sought the transfer of the instant housing as a counterclaim. The court of first instance accepted part of the main claim and dismissed the counterclaim claim.

In this regard, the plaintiff and the defendant Eul et al. appealed against each losing part, but the defendant Eul et al. withdrawn an appeal against the counterclaim, so the scope of the judgment of this court is limited to the claim

2. Facts of recognition;

A. Defendant B, etc., as co-owners of the three-story aggregate buildings (all six households’ multi-household houses) on the ground of Songpa-gu Seoul, Songpa-gu, Seoul. ( Among them, Defendant C and Defendant D are the right holder of one household, respectively) and on February 22, 2011, contracted the construction of the aggregate building (hereinafter “instant contract”). Defendant B, etc. for the purpose of the instant new construction project, etc., organized the instant association under the Civil Act for the purpose of the new construction project, and the association is the principal contractor of the said construction to the Defendant Company, and thus, there is no dispute between the parties as to the fact that the said association was formed by the Defendant B, etc., and at the time of the contract, the agreement was signed and sealed by Defendant H, the lowest age among the union members of the instant association, and the main contents are as follows:

The period: The contract amount between March 10, 201 and September 10, 201: KRW 900 million (including value-added tax): The contract amount of KRW 900 million shall be paid to the two households of five stories among the newly constructed houses, and the contract owner shall lend the construction cost of KRW 500 million to the contractor, and the contractor shall bear the financial interest costs for the construction.

B. The Defendant Company, such as the new construction of the instant building and the registration of initial ownership.

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