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(영문) 서울북부지방법원 2017.07.13 2015가합26799

소유권이전등기

Text

1. The Defendants and the Defendant (Withdrawal), S, T, and U’s takeover Intervenor Y are listed in the separate sheet to the non-party Z Co., Ltd.

Reasons

Basic Facts

In order to conclude a joint project implementation contract for reconstruction and to construct a main complex building (hereinafter referred to as the “instant main complex building”) with the size of 3 stories below ground and 13 stories above ground in the name of the sectional owners after removing the existing building around 2005 in Seoul Dongdaemun-gu Seoul and AB (hereinafter referred to as the “instant land”). In order to construct the main complex building (hereinafter referred to as the “instant main complex building”) on the said site, the owners of the building in the AC-affiliated housing located on the ground of the Seoul Dongdaemun-gu and AB (hereinafter referred to as the “instant land”).

On December 19, 2005, the instant association entered into a joint project implementation agreement with the Z (hereinafter “Z”) with the content that the Z provided the instant land from the instant association and newly constructed the instant main complex building on the ground, and that the Z supplied the instant land to its members, and the remaining apartment units and non-business facilities (hereinafter “households, etc.”) supplied the Z to its members to cover the construction cost, etc. paid by the Z (hereinafter “instant joint project implementation agreement,” and the construction under the joint project implementation agreement of this case was referred to as “the instant construction”).

The main contents of the instant joint project implementation agreement are as follows.

Article 1 (General Provisions) A (hereinafter the same shall apply) and B (Z; hereinafter the same shall apply) of the Agreement on the Implementation of the Joint Project of this case shall, in principle, enter into this Agreement on the basis of mutual trust and good faith so that the Joint Project can be implemented promptly and smoothly in accordance with the relevant laws and regulations, such as the Building Act, and implement the Joint Project in accordance with the relevant laws and regulations.

Article 5 (Principle of Joint Project Implementation) 1 In the implementation of this Joint Project, A shall secure necessary sites, handle civil petitions arising from business, such as relocation of members, and B shall handle affairs, etc. related to relocation support and project implementation, and support A and B.

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