소유권이전등기절차 이행청구 등
1. The part concerning the claim for cancellation of the registration of creation of superficies among the lawsuits in this case shall be dismissed.
2. The plaintiff's remaining claims.
1. Basic facts
A. On May 18, 1995, the Plaintiff was authorized to establish a housing association pursuant to Article 44 of the former Housing Construction Promotion Act (amended by Act No. 5451, Dec. 13, 1997) in order to remove 18 A apartment units in the area of 18,686m2 (hereinafter “existing area”) outside Seoul Special Metropolitan City, Gwanak-gu and five lots, and completed the registration of incorporation as a reconstruction and maintenance project association on November 16, 2005 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. On January 12, 2006, the Mayor of Seoul Special Metropolitan City, along with the existing area, designated a total of 28 square meters of land 26,941.7 square meters (hereinafter “revision area”; the expanded part outside the existing area is referred to as “additional area”) as “A apartment housing reconstruction improvement zone.”
(E) Seoul Special Metropolitan City Public Notice E). The Defendant has owned the land indicated in paragraph (1) of the attached Table 1 (hereinafter “instant land”) and the building indicated in paragraph (2) of the attached Table 2 (hereinafter “instant building”) located in the additional zone from that time to that time.
C. On September 20, 2006, the Plaintiff entered into a sales contract with the Defendant to purchase the instant land and building, and received written consent from the Defendant to join the association.
On December 6, 2006, the Plaintiff prepared a sales contract with respect to the instant land and building contract, entered into a membership for convenience at the buyer’s request, and agreed to withdraw the registration of a member after the cancellation of the sales contract or the management and disposal, and attached a corporate seal impression certificate to prove that the agreed amount does not change and the contract amount does not change (in principle, the seller shall withdraw after the management and disposal, and shall not claim expenses from the seller under any other pretext, such as union dues, etc.). (hereinafter “instant performance letter”).