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(영문) 수원지방법원안산지원 2016.05.25 2015가단7923
대여금 등
Text

1. The plaintiffs' respective claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Under the underlying facts, each of the following facts is without dispute between the parties, or acknowledged in full view of Gap evidence Nos. 1 to 9, Gap evidence No. 11, and evidence No. 13 to 15 (including additional numbers), and witness E’s testimony, and there is no counter-proof.

On November 21, 2003, the Defendant and E entered into a contract for construction works with the content that the Defendant association, etc. will build a commercial building with the second underground floor and the fifth floor above the ground (hereinafter “instant building”) on the unit FF 2,054m2 (hereinafter “instant land”) in Ansan-si, the purchase of land from the Korea Water Resources Corporation (hereinafter “instant land”). According to the contract, the Defendant and E are joint project undertakers with the responsibility and duties in accordance with the commercial building construction-related Acts and subordinate statutes, but they will provide E with the instant land owned by the Defendant and the Defendant’s association members, and as a result, the Defendant will be supplied with the commercial building and welfare facilities equivalent to 200m of the first floor and the second floor above the ground among the instant building newly built buildings, and E will be supplied with the building expenses and construct the facilities necessary for construction, and supplied the above building expenses to the Defendant association by means of the construction expenses and the remaining construction expenses.

B. Accordingly, E changed the name of the owner of the instant building to “Defendant and seven other persons” in the past, and continued the construction after changing the name of the owner of the instant building to “E and G co-ownership, a representative of the Defendant.”

C. On January 2, 2006, the Defendant Cooperative received the registration of ownership transfer concerning 1,869.31/2,054 of the instant land from the Korea Water Resources Corporation, and received the registration of ownership transfer concerning 26.4/4 of the instant land from H on the same day.

(The above shares are shares transferred by H on November 30, 2005 by the Korea Water Resources Corporation. (D)

E on January 2, 2006, on the land of this case, from the Defendant.

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