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(영문) 서울중앙지방법원 2016.06.22 2015가단166370
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was awarded a contract for the construction of a new apartment on the Seoul Jongno-gu J, K, L, M, N, andO’s ground from the owner of the instant building on March 28, 2003, for the contract amount of KRW 1,723,00,000 (including value-added tax) and for the construction period from April 1, 2003 to October 31 of the same year, seven households from among the 19 households of the newly built multi-family housing were acquired by the owner of the instant building, and the remaining 12 households agreed to acquire the non-party Co., Ltd. for the payment of the construction price claim of the non-party Co., Ltd.

(hereinafter “instant contract”). (b)

On December 10, 2009, P of the director of the non-party company who was the actual party to the contract of this case: (1) on December 10, 2009, Q subcontracted companies: (2) on the adjustment of loans to the national bank in the name of sale and the adjustment of arrears; (3) on the condition of a prop agreement, etc., the possessor director (delivery) renounced all rights under the contract of this case;

C. Q agreed on June 4, 2010 with Boan Construction Co., Ltd. (hereinafter “Tan Construction”) as follows.

Gap (the meaning of Q, hereinafter the same shall apply) and Eul (the meaning of the bonded mining construction; hereinafter the same shall apply) shall jointly carry out the remodeling construction and sale of five lots of land, including Jongno-gu Seoul Jongno-gu J, and five lots of land.

B shall make a remodelling construction and sale under an agreement with Party A.

B shall pay A KRW 500 million to A, and shall be KRW 30 million on June 4, 2010, KRW 250 million on June 14, 2010, KRW 250 million on the same month, and the same year.

7.3.20 million won shall be paid respectively;

In principle, A and B shall be a joint project, but the prop land contract and all documents later shall be in the name of the Boban Construction.

Gap and Eul shall have 5:5 net profits, excluding construction expenses and all kinds of project expenses.

On March 15, 2011, the Plaintiff was from the Bobi Construction.

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