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(영문) 부산고등법원(창원) 2017.08.24 2017나20657

소유권확인

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit of this case against the defendants is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff was a co-owner who owns part of the shares in relation to D 11,574.7 square meters in Changwon-si, Changwon-si (hereinafter “instant land”), which was divided into D 7,796.5 square meters in size and P 3,778.2 square meters in size on February 8, 1999.

B. 33 co-owners of the instant land, including the Plaintiff, obtained a construction permit on and around December 30, 1989 as to the buildings listed in the separate sheet (hereinafter “instant building”) in the following order to construct a new building on the instant land.

On May 9, 191, 191, C.C. (the name of Q.C.) composed of 33 co-owners of the instant land was changed to that of Q.C. (the “C.C.”) entered into a contract with E Co., Ltd. (the next “E”) to contract the construction of the instant building with E, and the main contents are as follows.

(3) The contract shall be effective from the date on which the contractor has delegated the power of representation from the entire prop and has submitted to the contractor the notarized power of delegation to the contractor by the contractor. (2) The contractor shall be a person who has been delegated all of the powers by the entire prop, and the contractor shall not hold any consultation, negotiation, decision, etc. other than the contractor delegated by the entire prop.

5) The area of the entire floor except the first, second, and third floors, which are the shares of the contractor, shall be Daejeon for the construction cost of the contractor. 6) The shares of the contractor except the second, second, and third floors shall be sold in the name of the contractor, and the contractor shall submit without delay the documents required for the sales contract to the contractor.

The payment guarantee of Article 2 (payment guarantee of progress payment) shall be issued within 50 days under the responsibility of a contractor by establishing a collateral security for the site of the project.

Article 4 (Method of Payment of Contract Price) The first floor, second floor, and second floor, which are the shares of a contractor.