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(영문) 서울중앙지방법원 2014.01.09 2013가합59444

지분이전등기

Text

1. The Defendants’ share 16.33/294 of each of the real estate listed in the separate sheet to the Plaintiff on January 9, 2012.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1 to 4, 5, 6, 9, Eul evidence 2-1 and 6, the results of commissioning the delivery of documents to the Seoul Central District Court and the purport of all pleadings:

Defendant B acquired ownership on December 31, 2010 from G on December 31, 2010 by her mother who was the owner of F(F) No. 102, Dong, Dong, Seoul Special Metropolitan City E (hereinafter referred to as “F”), and Defendant C was the owner of FB No. 103.

B. On December 21, 2010, F’s owners of 16 households, excluding two households (hereinafter “owners”) of F’ 18 households, delegated F’s tasks related to F’s permission for and construction of financial buildings related to reconstruction to H in order to carry out a project to remove F and build a new main apartment (hereinafter “the reconstruction project of this case”) and to remove F, and build a new main apartment (hereinafter “the reconstruction project of this case”). He delegated F’s tasks related to F’s permission for and construction of a financial building related to the reconstruction to Geum Chang-sidi Co., Ltd. (hereinafter “ Geum Chang-sidi”).

On the other hand, the owner of the building appointed I as the representative of the owner of the building in relation to the reconstruction project of this case and J as the chairman of the residents' autonomous management committee.

C. On December 22, 2010, the project owner entered into a contract for the construction of the instant reconstruction project with Geum Chang-dood and Geum Chang-do (hereinafter referred to as the “first construction contract”) and the main contents thereof are as follows.

On December 21, 2012, a joint project proprietor, the representative of the building owner elected by the residents' autonomous assembly (hereinafter referred to as "A") and the gold Chang-doodi (hereinafter referred to as "B") shall, in principle, name the new project name of the project that is newly constructed in the project as the K main apartment complex. In order to determine matters necessary for the new project of the K main apartment, the following terms of the construction contract shall be agreed as follows.

Article 3 (Status of Parties and Business Principles) (2) In relation to this contract, the 18th residents' autonomous management committee members, which are owners of Gap and Gap, represent the whole members of the 18th residents' autonomous management committee, and they are made under this contract.