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(영문) 수원지방법원 2016.09.30 2016가합120
사해행위취소및소유권등기말소등기절차등
Text

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

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

Reasons

(2) In full view of the foregoing, the Plaintiff: (a) occupied the instant real estate upon delivery on or around March 4, 2014; (b) did not obtain the approval of completion; and (c) on April 25, 2014, the Plaintiff did not complete construction even after it pointed out the Plaintiff’s prior occupancy prior to completion and issued a corrective order; and (d) on the grounds that the failure to complete construction is different from the name of the owner of the land and the owner of the building for whom the permission for development was granted; (b) the Plaintiff prepared a letter of commitment to change the name of the permission for development activities to E and issued it with the certificate of personal seal impression; (c) the Plaintiff did not complete construction even after completion, prepared a settlement agreement (hereinafter “the instant settlement agreement”) with E on November 4, 2011, and removed each of the instant real estate from the instant real estate.

The construction cost settlement statement* the land contract amount of KRW 20 million (deposit in Defendant B): 182,00,000 for the construction contract amount of KRW 13,750,000 for the additional construction contract amount: 195,750,000 for the total of KRW 195,750,000 for the final settlement amount of KRW 160,000 for the * special agreement;

1. Recognition of the above construction amount (it shall not be related to the details of payments);

2. F real estate E is a condition that it will perform as a sales delegation.

3. If the performance is not performed, E shall pay to the Plaintiff the penalty of KRW 30 million.

4. The real estate of this case shall receive KRW 160,000,000 as well as shall immediately take out the article.

5. Cooperation in the modification of a building permit and the request for construction of documents for authorization and permission for development activities. They do not reverse any more of the above contents.

B. According to the above facts of recognition, the exchange contract of this case was terminated by preparing the settlement statement of this case.

I would like to say.

B. The plaintiff's assertion 1 is alleged to the effect that the instant exchange contract entered into with the defendant B is still valid, since the settlement statement of this case was prepared between E and the plaintiff's argument. However, the whole pleadings are asserted.

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