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(영문) 서울중앙지방법원 2020.09.22 2019가단5098081
소유권이전등기
Text

1. The plaintiff's primary claim against the defendant B is dismissed.

2. The Plaintiff:

A. The defendant corporation.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the Plaintiff and Defendant D, or may be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence Nos. 2 through 5, 7, 8, and Eul evidence Nos. 1 through 4, 10, and 10. The above Defendants are deemed to have led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act between the Plaintiff, Defendant B, and C

A. Defendant B’s main complex building construction and sales business 1) Nonparty E Co., Ltd. (hereinafter “E”).

) From November 2012, the land owner is Nonparty F and G, the land owner, and the Seo-gu Incheon Metropolitan City H land (hereinafter “instant land”).

3) The main complex building (hereinafter “instant building”) is the main complex building

In May 2015, E was declared bankrupt on November 25, 2016 after the discontinuance of construction works, and around April 2017, E sold the above building to Defendant B. (2) around June 2017, Defendant B entered into a construction contract with Nonparty I Co., Ltd. on the remaining parts of the instant building and entered into a new construction of the main complex building to sell it.

B. The Plaintiff, Defendant B, and C’s relationship 1) The Plaintiff constituted the instant building K on June 22, 2017 (the instant building falls under the real estate indicated in the attached Table after completion).

(2) On June 23, 2017, the Plaintiff prepared a sales contract with the selling price of KRW 116 million, and on June 23, 2017, the said Defendant signed a notarial deed of debt repayment contract with the Plaintiff to pay the agreed amount of KRW 116 million to the Plaintiff by September 30, 2017. (2) On November 27, 2017, Defendant B signed a written confirmation to the Plaintiff that the said Defendant would pay the agreed amount of KRW 10 million to the Plaintiff. (3) On September 30, 2017, Defendant B signed a written confirmation to the effect that “The repayment of the loan of this case was delayed as the first repayment date of the loan of this case was delayed on September 30, 2017, the said Defendant promised to pay the Plaintiff the interest amount of KRW 130 million by December 22, 2017.”

3. Defendant.

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