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(영문) 창원지방법원 2016.06.02 2014가단77171

소유권이전등기

Text

1. Defendant E corresponds to the Plaintiff, and the Plaintiff, Kimhae-si, the B District Urban Development Project Association District of the Republic of Korea.

Reasons

1. Basic facts

A. Defendant B District Urban Development Project Association (hereinafter “Defendant Association”) is an association established for the purpose of an urban development project of H land located in Kimhae-si.

Defendant C is a director of the Defendant Partnership, and Defendant D is a person who entered into an agency contract with the Defendant Union as follows, and Defendant E is a person who was the representative director of the I Co., Ltd (hereinafter “I”) for the purpose of construction business, etc.

B. Around February 2005, the Defendant Union and the Defendant D’s agency contract (No. 6) concluded the following agency contract with respect to the Defendant D and B District Urban Development Project (hereinafter “instant project”).

Article 1 (Conditions for Agency) (1) The Defendant Union shall enter into a private contract with the Defendant D in full with the amount authorized for all the projects authorized as the proprietor of the instant project, and the Defendant D shall act on behalf of all the tasks under the said contract on condition of receiving it.

D. Defendant D is responsible for all civil and administrative matters arising in the course of the implementation of the Project.

Article 2 (Scope of Agency) Defendant D shall conduct all business affairs by three-dimensionally carrying out the funds needed for the instant business, and the main business affairs thereof shall be as follows:

(3) Construction work and removal compensation, obstacles, designation of land scheduled for substitution and authorization work (4) application and registration of land substitution disposition and subrogation registration, liquidation work (7) and all other incidental work related to the above project (3). Defendant D shall pay funds such as expenses, public charges, compensation, etc. incidental to the project in the form of money such as construction work and removal compensation. Defendant D shall, at this time, adjust the three-dimensional fund to Defendant D’s bonds.

(3) Defendant D’s association is necessary for the disposal procedure of land allotted by the authorities in recompense for development outlay to be acquired pursuant to Articles 4(1) and 5(6)(a) of the instant contract so that Defendant D can raise funds under the above paragraph (1).