(영문) 서울고등법원 2018.10.11 2017나2077580

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.10.11 2017나2077580

소유권이전등기

Text

1. The judgment of the first instance, including a claim that has been reduced and exchanged in this court, is as follows.

Reasons

1. Basic facts

A. On August 8, 2014, the Plaintiff and E Co., Ltd. (hereinafter “E”) whose representative director is Defendant B Co., Ltd. (hereinafter “E”), concluded a new construction project contract with the Plaintiff to remove the existing buildings on each of the instant land and newly construct the neighborhood living facilities and multi-unit housing (building) with the content that the Plaintiff would construct the new residential facilities and multi-unit housing (building).

B. On September 23, 2014, the Plaintiff and E, upon completion of the re-building, paid the Plaintiff the share profit (which was the Plaintiff’s ownership (which was the Plaintiff’s investment price) KRW 900 million and the business income tax due to new construction after the completion of the registration of ownership preservation, and the Plaintiff drafted an agreement with the Plaintiff that the Plaintiff would borrow KRW 2 billion from E and pay the interest on the loan by E, and in return, E would pay an additional KRW 400 million to the Plaintiff.

C. After that, on September 30, 2014, the Plaintiff prepared a joint investment agreement with the following contents as E and obtained notarial deeds, and the Defendants jointly and severally guaranteed the obligations owed to the Plaintiff pursuant to the aforementioned joint investment agreement.

(hereinafter “instant agreement”). E is a contractor of a reconstruction project of each of the instant lands, and the Plaintiff was to participate in the instant project as one of its members.

Therefore, the plaintiff shall jointly operate the E and the E and the E, as a part of which, the plaintiff shall make an investment to E in order to secure the expense of the E and the E, and the contents of this investment agreement shall be clarified.

1. The Plaintiff shall invest the Eunpyeong-gu Seoul Metropolitan Government D large scale 99 square meters for reconstruction.

However, the plaintiff has the status of the owner until the registration of ownership preservation and sale.

The reconstruction project shall be E at the expense of E.

유사 판례

-서울서부지방법원 2017.12.06 2016가합37853

-서울서부지방법원 2017.04.28 2016가단246643

-서울서부지방법원 2018.05.24 2017가단225308

-춘천지방법원원주지원 2015.06.11 2014가단2043

-서울중앙지방법원 2019.11.15 2019가단5043524