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(영문) 수원지방법원성남지원 2014.08.21 2013가단34531

소유권보존등기말소 등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Korea Land Development Corporation (the name was changed to the Korea Land and Housing Corporation, but the name was integrated into the Korea Land and Housing Corporation around October 2009) sold out neighboring commercial sites for livelihood countermeasures if those who lost their living base due to the development of a new city were to gather certain land shares and organize an association. In around 1991, 38 of the members of the “Z Association” and “AAA Association” form a “AB Association” (hereinafter “instant association”) for the purpose of constructing a new commercial building by selling such land in lots.

B. On November 21, 1991, the Korea Land Development Corporation sold to the instant association “AC large AC large 867.50 square meters (formerly specified as AD large 862.8 square meters, Sungnam-si, Sungnam-si)” in KRW 1,029,722,50. Of the above 38 persons, Defendant O, one of the above 38 persons, expressed that he is the representative of the instant association, and affixed his personal seal along with his address and other personal information on the sales contract.

On the other hand, the above sales contract contains a special clause stating that when the qualifications of union members are changed even after the contract, the Korea Land Development Corporation shall comply with its opinion and that ownership shall be transferred to each union member as co-ownership.

C. On December 6, 1993, members of the instant association requested a certified architect to design the construction of “AE” on the above land. DefendantO indicated in the design agreement that it is a representative of the “AE Association” different from the name of the instant association and affixed the personal seal.

On March 5, 1994, the members of the instant association filed an application for a building permit to construct a commercial building with five stories above ground and two stories above ground on the above land with the head of Sung-nam-si branch office for permission. At the time, the project owner and the applicant shall be stated in the application for building permit and the permit, respectively, as "non-O and 37 persons," and 38 persons (one overlapping person shall be stated, and 37 persons shall be actually affixed).