원인무효로 인한 근저당권말소
1. The plaintiffs' appeal and defendant H's appeal are dismissed, respectively.
2. Of the appeal cost, Plaintiff A Co., Ltd and Defendant F.
1. Basic facts
A. 1) Conclusion of a contract for a construction project is a J-built reconstruction and consolidation project association (hereinafter “association”).
) The Gangseo-gu Seoul Metropolitan Government L, and 6 lots above, reconstruction project on the Jin constructed Housing (hereinafter “instant project”).
The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) shall apply.
2) On April 28, 2008, K Co., Ltd. (hereinafter referred to as “K”) as a reconstruction association established by it.
As a joint project proprietor for the instant project, the Association and K are supplied with 22 households of M apartment units newly constructed in return for the provision of land owned by the Association in Gangseo-gu Seoul and 6 lots of land owned by the Association (hereinafter “instant apartment”). K supplies 22 households of apartment units newly constructed by investing the project expenses necessary for the said land provided by the Association and constructing the construction facilities. The remaining 14 households are sold in general and appropriated for construction costs and project expenses (hereinafter “instant construction contract”).
(2) Of the instant construction contract, the details on the general sale and appropriation of the remainder of 14 households, which were sold in lots to the members of the association, are as follows.
[General Conditions of Construction Contract] Article 13 (Appropriation and Settlement of Construction Project Costs) (1) K's construction project cost shall be appropriated for members' contributions and general sales proceeds (including welfare facilities other than apartment 14 households), and the management of funds shall be made by opening and managing a joint account in the name of the union and the K.
(2) The proceeds from sale, etc. shall not be received for any reason other than the bank accounts prescribed in paragraph (1) and the amount received outside the designated account shall not be recognized as proceeds from sale, etc.
In addition, a person who conducts the sale of buildings in lots shall specify the fact that only the amount deposited in the passbook as provided in paragraph (1) is valid as the sale price and the account number and deposit account amount.