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(영문) 수원지방법원평택지원 2017.06.14 2016가합10287
청구권귀속확인
Text

1. Case number in Seoul High Court No. 2015Na29581 between the plaintiffs and the defendant: Suwon District Court.

Reasons

.To delegate the land and all construction and disposals with respect to five houses newly constructed on the land of this case to the actual owner (title in the register of land: E) and to B;

2.B shall ensure that, upon the conclusion of a contract with A, it shall, as soon as possible, complete the construction and undergo a completion inspection.

3. A shall provide B with all documents related to the permission and ownership of the land of this case from E, the nominal owner of which is the land on the register until the completion inspection. If A is unable to comply with it, he shall be liable for civil or criminal liability.

4. At the time of completion inspection, A does not raise any objection to the designation of a construction titleholder as a person designated by B.

5. A and B shall loan or sell and purchase the land in a financial right under an agreement with the project owner after completion and preferentially pay the balance, etc. of the land as follows:

Future* Any balance of land * 50 million: 50 million won * Cancellation of mortgage * 823 billion * The cost of construction 370 million : 370 million won

6. A shall be liable to A when the nonpublic interest pertaining to this contract occurs.

The contract of this case is 'the construction contract of this case'.

AB concluded the agreement.

As of December 10, 2013, Plaintiff A entered into a construction contract with respect to the remaining construction works during the instant construction period from December 10, 2013 to January 20, 2014 by setting the construction cost of 29,045,000 won, and the construction period from January 10, 2013 to January 20, 2014. The Plaintiffs are “each of the instant buildings” when they follow all of the buildings listed in the separate sheet at their own expense around March 2014, and “the instant building according to the sequence listed in the separate sheet” if one of the instant buildings complies with each of the instant buildings.

The completion of the program was completed.

The registration of ownership preservation E for each building of this case shall complete the registration of ownership transfer in the D with respect to the land Nos. 2, 3, and 4 of this case, as seen earlier.

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