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(영문) 서울서부지방법원 2019.09.26 2019나30581

소유권이전등기

Text

1. Of the judgment of the first instance, the parts concerning Defendant BH, Defendant BN, Defendant B Q and Defendant U are modified as follows.

Defendant B H.

Reasons

1. Facts of recognition;

A. 1) Co-owners, etc. of 370 square meters in Mapo-gu Seoul Metropolitan Government AM large 370 square meters form a reconstruction association and a reconstruction project. AM reconstruction association (hereinafter “AM reconstruction association”) for the removal of buildings and construction of officetels on the above site around June 2003, and co-owners, etc. of N large 1,038 square meters in size were respectively organized, but did not obtain authorization for the establishment of a reconstruction association from the competent authorities (hereinafter “the instant reconstruction association”). However, each of the above reconstruction associations was “the instant reconstruction association.”

3) The representative D on May 28, 2003, and the representative AS of the 2nd association entered into a reconstruction project agreement with the CF Co., Ltd. (hereinafter “CF”) on June 16, 2003. The major content of the reconstruction project agreement was that the CF constructed an officetel with the land and contributions from the members of the association, and that the general portion of the company excluding the portion of the association members should be sold on behalf of the said association members and appropriated for the construction cost, etc. with the sales price.

B. 1) AU (hereinafter “AU”) that followed the status of CF after the building permit was granted by the head of Mapo-gu on June 28, 2003, among the instant reconstruction partners, the Plaintiff, BN, Defendant BN, Q, T, Defendant AD, and 43 were to proceed with the reconstruction project, and the owner of the land was excluded from part of the site and was changed on September 9, 2005 to the owner of the building on September 1, 2005.

3) Since then on March 20, 2006, the reconstruction members of the instant reconstruction association are CG Co., Ltd., AU and officetels (hereinafter “the instant officetels”).

The new construction contract was entered into, and thereafter, CG corporation actually progress the construction, and November 2, 2009.