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(영문) 서울중앙지방법원 2014.06.20 2012가단350273

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 26, 2012, the Defendant completed the registration of ownership transfer based on the name of Korea Asset Trust Co., Ltd. on the instant land owned by himself/herself.

B. (i) Around May 2007, the Defendant, the wife population C and 32 owners of the instant land, including the instant land, and D et al. delegated D the development activities and the sales and purchase business activities of the said land to D. Around May 2007, D again concluded an agreement to delegate the development activities and the sales and purchase activities of the said land to E.

around May 28, 2007 in order to promote the development activities, sale, and purchase of the above land, D changed the trade name of F Co., Ltd., Ltd., a representative director, into G Co., Ltd. (hereinafter “G”), the purpose of the above company was to add real estate consulting, land sale, new construction, sale and lease, etc., and H participating in the above development project, etc. was appointed as the representative director of G on May 28, 2007.

Since then on April 10, 2009, H resigned from office, and E was the representative director of G.

around January 8, 2008, E decided to delegate development activities, sale and purchase business, etc. of the above land to G with respect to the land, the wife population C and 17 parcels including the instant land, and drafted a written agreement on real estate development and sale conditions of the following contents:

㈎ 용인시 처인구 C 외 17필지의 소유 지분권자인 피고, I, J, K, L 등 5인의 대리인 겸 소유 지분권자 D의 복대리인 E과 위 토지의 위임조건을 성취하기 위하여 토지의 분할 및 고압전선로 이설 등 개발행위와 양수도 및 중개업무를 수행할 G 대표 H는 위 부동산에 단독주택(일명 타운하우스) 및 관련시설 등의 건축분양개발 사업을 할 수 있도록 권리와 의무를 성실히 이행한다.

㈏ 위 토지의 현황측량, 분할측량, 분할도면작성, 지적공사의 성과도 작성, 법원의...