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(영문) 서울중앙지방법원 2019.03.08 2016가단5297900

소유권이전등기

Text

1. Defendant C is the same as that of the Plaintiff on September 16, 2013 with respect to the 1 and 2 real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) is a company engaged in construction business, etc.; Defendant C is the owner of E and three parcels (hereinafter “instant land”); F is a company director of G Co., Ltd. (hereinafter “G”); and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a trust company of the following buildings.

B. On November 22, 2011, D entered into a construction contract with Defendant C, and with the instant land, for the construction of officetels, a main complex building (hereinafter “instant building”).

C. On the other hand, around July 14, 201, Defendant C, G, D, I, Defendant Company, and J Cooperatives entered into a business agreement and agency business contract (hereinafter “instant business agreement and agency business contract”) with respect to the instant building construction and sales business. The contract includes the following matters:

Article 1 (Purpose) The purpose of this Agreement is to clarify the scope of duties and responsibilities between Section A (Defendant C) and Section B (Co., Ltd. 1, D 2, 1, and 2, and to efficiently manage trust property and proceeds from sale in lots pursuant to the Act on the Sale in Lots of Buildings (hereinafter “Building Act”), thereby protecting buyers and carrying out this project smoothly.

Article 3 (Performance of Services and Duties) A, B, C, and C shall perform any of the following duties and bear the responsibility therefor:

(1) A1 shall perform the following duties as the implementer of the main project:

6. Performance of duties by a seller of buildings in units under the Construction Act, such as reports on sale of buildings in units and reports on free contracts.

1. Within the construction period, regardless of the payment of the construction cost;