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(영문) 서울북부지방법원 2016.08.12 2015가단104876
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiffs are several buyers who purchased each apartment units built and sold on the ground of the AL and one parcel (hereinafter "the apartment unit of this case") around 2007 by the company's future eggs Co., Ltd. (hereinafter "U.S."), the executor company, and the unit unit of apartment units (hereinafter "the apartment of this case").

B. Around 2008, a lender construction company, which was a contractor that entered into a contract on new construction of the apartment in this case and future notice, was designated as a withdrawing company by a financial supervisory agency and the construction was suspended.

C. Accordingly, on June 12, 2009, I changed the future notice to Shee Construction Co., Ltd. (hereinafter “Shee Construction”), and changed the initial completion period when entering into a contract for the remainder of construction with Shee Construction, and the Plaintiffs, who are the buyers, and the Plaintiffs, as well as the buyers, also changed the scheduled occupancy date from February 1 to March 201, 201 by drawing an agreement on the change of the terms and conditions of sale.

However, the Corporation did not complete the construction until March 201, 201, which is the date of completion of the construction, due to the occurrence of problems such as securing access roads, and the resolution thereof was delayed, and thereafter, the Corporation entered into an amendment agreement with the Shee Construction on June 16, 201 to the effect that the deadline for completion is changed to June 30, 201. On June 22, 2011, the Corporation applied for a pre-use inspection on the apartment of this case at the Namyang-ju city and obtained the approval for use on June 30, 201. The buyers including the Plaintiffs were to move into the apartment of this case from July 1, 201 to July 1, 2011.

E. At the time of completion of the apartment of this case, Defendant NHE claims that the construction price of the apartment of this case would be KRW 186,674,140,000, the total amount of the unpaid construction price for the Shee Construction at the time of its completion is KRW 186,674,140,000, and the Plaintiffs asserted that the amount cannot be recognized. However, it is recognized that the unpaid construction price for Shee had been remaining, apart from whether the amount is accurate.

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