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(영문) 서울동부지방법원 2017.05.10 2015가합4403

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the Housing Reconstruction and Improvement Project Association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for housing reconstruction projects with a lot of 1,391 square meters in Gangdong-gu Seoul Metropolitan Government.

B. On October 2006, the Defendant entered into a contract for the new construction of the Hanchip General Construction Co., Ltd. (hereinafter “ Hanchip Construction”) and 27 households on the said land (hereinafter “the instant apartment construction contract”).

The provisions pertaining to the instant case in terms of the contract are as follows:

Article 2 (Subject Matter of Construction) (3) The method of securing the subject matter of construction by the defendant is the share system in which Han Jin Law Firm completes the subject matter and provides substitute goods to the defendant free of charge.

The remaining houses except for 20 households of partnership members' share houses shall be sold in lots with the authority of Korea-Japan, and shall be appropriated for the project expenses, and the unsold houses after the occupancy shall be owned by Korea-Japan.

Article 4 (Terms and Conditions of Apartment Supply and Sale) ① Establishment of a project implementation plan for the land that the defendant consented to use, design the apartment (including incidental welfare facilities) in the area approved by the competent authority in advance in relation to the design with the defendant, and construction of apartment (including incidental welfare facilities) in the area approved by the competent authority, supply the remainder to the defendant with the priority of 20 households, and appropriate the remainder in general for the project cost of the Jinin

Article 26 (General Sale) (1) The apartment remaining after preferential supply to the defendant's members shall be sold to the general public in accordance with the Rules on Housing Supply, and the object, method, procedure, decision, collection of the sale price, etc. shall be sold in the name of the defendant with the approval of the competent authority, but the duties shall be performed by Han Jinpa on behalf of the defendant

[Attachment] 8. Management of the proceeds from sale (1) Management of the proceeds from sale to the defendant.