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서울중앙지방법원 2015.01.29 2013가합555928

조합원지위 부존재 확인의 소

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1. With respect to shares 1/22 of 50 square meters in Seocho-gu Seoul, Seocho-gu, Seoul, with respect to K:

(a) Defendant B, C, F, and G.

Reasons

1. Determination as to claims against Defendant B and C

A. 1) The Plaintiff’s claim indication 1) An urban development project for the Seocho-gu Seoul Metropolitan Government L Group (hereinafter “instant project”).

For this purpose, the Seocho-gu Seoul Metropolitan Government J 50 square meters located in the project site (hereinafter “instant land”).

(2) The registration of ownership transfer under the name of Defendant B and C with the aim of securing a stable number of the members of the instant association’s voting rights by purchasing the said land from K, which is the owner of the said land, shall be completed as indicated in Section 1-A of the Disposition. (2) However, the registration of ownership transfer under the name of Defendant B and C should be cancelled in accordance with the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) due to a three-party registered title trust.

3) Therefore, in order to preserve the right to claim for ownership transfer registration against K, the Plaintiff seeks to cancel the registration of ownership transfer registration that is null and void against Defendant B and C, the former owner in subrogation of K. B. Article 208(3)3 of the Civil Procedure Act (by service by public notice) of the applicable provisions of law.

2. Determination as to claims against the remaining Defendants

A. Basic Facts 1) The Plaintiff’s status as the parties is a project financial investment company established to promote the instant project (PFV).

Defendant D, E, F, G, H, and I (hereinafter “Defendant D, etc.”)

(2) The O Business Promotion Committee of March 28, 2006 (hereinafter “N”) is a registered titleholder of 1/22 shares of each of the instant land.

3) The agreement between Korea Investment Securities Co., Ltd. and Korea Bank on the instant business (hereinafter “instant agreement”)

(2) The OO Project Promotion Committee is set forth in Article 2, and its main contents are as follows: