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(영문) 서울중앙지방법원 2014.04.23 2011가합40842
손해배상(기)
Text

1. Defendant B: (a) on April 30, 2012, with respect to each real estate listed in the separate sheet attached to the Plaintiff, the Daejeon District Court Bohyeong registry office.

Reasons

1. Basic facts

A. On September 26, 2006, E purchased all rights to the instant building (hereinafter “instant building”) from the F, which was interrupted in the course of performing the new construction work by the F, and the construction was discontinued on October 27, 2006, after changing the name of the owner of the instant building from F to E. However, on January 207, E continued to perform the construction work after changing the name of the owner of the instant building from F to E. However, the construction was discontinued without completing the construction due to financial difficulties.

B. Around March 2009, E agreed to transfer all rights to the instant building to the Plaintiff and to transfer the name of the owner.

C. On May 14, 2010, Defendant B purchased Bocheon-si G and H land, which is the site of the instant building, and completed the registration of ownership transfer pursuant to it on May 18, 2010.

On June 4, 2010, Defendant C drafted a “Real Estate Business Agreement” with Defendant D on behalf of Defendant B, who is one of whom, and the content thereof: (i) if Defendant B invested KRW 500,00,000 with the construction fund of the instant building, Defendant D changed the owner’s name in the name of the building of the instant building; (ii) completed the construction of the instant building; and (iii) after completion, Defendant B decided to transfer the instant building to Defendant D with KRW 700,000,000.

E. Defendant D presented the above business agreement to the Plaintiff, while moving the name of the owner of the building of this case to Defendant B, the Plaintiff could proceed with the remaining construction of the building of this case, and after completion the construction, Defendant B would have paid KRW 700,000 to Defendant B and divide the proceeds of sale after acquiring the building of this case.

E. On June 21, 2010, the Plaintiff drafted a contract agreement with Defendant C who represented Defendant B, and the remainder of the building of this case, that the Plaintiff would be awarded a contract for the Eastern Construction Co., Ltd., Ltd., the employees of which are the Plaintiff.

F. On July 21, 2010, the Plaintiff and Defendant D, as well as the Plaintiff, are in the process of changing the name of the owner so that Defendant D can proceed with the construction project of the instant building with Defendant B.

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