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(영문) 수원지방법원안양지원 2020.05.14 2019가합100009

계약무효등 확인의 소

Text

1. “Co-ownership agreement and share ownership agreement” concluded on March 22, 2018 between the Defendant and B is against the Plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and B are sectional owners of C Apartments (hereinafter referred to as "the apartment of this case") located in Ansan-gu D (Yanyang-gu, Yanyang-gu, Yanyang-gu).

The above apartment house is 72 households, the number of sectional owners is 74 persons, and the total area of the exclusive ownership is 4,776.21 square meters.

B. On November 11, 2017, the Defendant held an explanatory meeting for the reconstruction project of the instant apartment on the object of the sectional owners of the instant apartment including the Plaintiffs.

C. On March 22, 2018, the Defendant drafted a prop-based joint venture and share arrangement with the main content that the Defendant selects the Defendant as a contractor of the instant apartment reconstruction project as follows:

(hereinafter referred to as “instant co-ownership agreement”). Representatives (hereinafter referred to as “A”) from among the owners of one parcel E in Ansan-gu, Ansan-gu and A Co., Ltd. (hereinafter referred to as “B”) from among the owners of one parcel of land in Ansan-gu, Ansan-si, shall agree and enter into a contract with respect to the joint project on the land owned “A” as follows:

Article 2 [Price for Site Provision] 1] and “A” shall provide (investment in kind) land for the project and shall pay contributions (in 10.16 square meters, 5.0 million won, 13.06 square meters, 15 million won, in 13.06 square meters) to “B,” and “B” shall, as a contractor for the implementation and implementation of the project, provide “A” with payment in kind for apartment houses and appurtenant and welfare facilities and conduct a new project in return for the above provision and payment of the share of land.

2. “A” shall not bear any additional costs other than the above land provision and contribution.

(excluding personal obligations of members, such as moving expenses). 3. General proceeds of 68 households in lots and all rights in ownership shall belong to "B".

Provided, That "A" shall be limited to cases where an apartment and auxiliary welfare facility has been transferred to "A" in return for the provision of the above land and the payment of contributions, without defects (security rights, provisional seizure, etc.).

Article 4 (Contractor Relation)

1. “A” shall be “A.