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(영문) 서울동부지방법원 2014.05.28 2013가합102983

제3자이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of premise;

A. The Defendant Union is a reconstruction association established for the purpose of constructing underground floors, 27 units, and ancillary welfare facilities (hereinafter “I apartment”) on the ground of Gangdong-gu Seoul Metropolitan Government H, with the aim of constructing the 1st underground floors, 7th apartment units on the ground.

The defendant union obtained authorization for establishment from the head of Gangdong-gu Seoul Metropolitan Government on June 14, 2003 and completed the registration on December 11, 2006, and was issued by the head of Gangdong-gu Seoul Metropolitan Government administrative disposition plan on June 20, 2007.

B. Around October 2006, the Defendant Company received a contract for reconstruction works of I apartment from the Defendant Association.

(hereinafter “instant contract”). Under the instant contract, the Defendant Company and the Defendant Partnership agreed to supply 20 households out of 27 I apartment houses to the Defendant Association as a member allotment and sell the remaining seven households in general with the authority of the Defendant Company to cover business expenses and to own the unsold housing units after moving in.

C. On July 24, 2009, the Plaintiff concluded a sales contract with the Defendant Cooperative and the Defendant Company (a seller: the Defendant Cooperative and the contractor and the supply agent: the Defendant Company) stating that “The Defendant Cooperative shall sell to the Plaintiff the real estate listed in paragraph (3) of the attached Table No. 3 of the I Apartment (hereinafter “multi-unit housing”) of the I Apartment to KRW 356,50,000 (hereinafter “instant sales contract”).

After that, the new construction of I Apartment was completed, and the defendant Cooperative is called the "Urban Improvement Act" on October 19, 2010.

On December 15, 2010, the completion authorization was obtained in accordance with Article 52, and the transfer notification was made in accordance with Article 54 of the Urban Improvement Act. The transfer notification was designated as the acquisition of the Defendant Cooperative, among the 19 households of I apartment 27 households, 101 to 103, 602, and 701 to 704, which are the remaining eight households.

E. The Defendant Union shall have the right of retention against F and G.