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(영문) 부산고등법원(창원) 2015.05.21 2013나21041

소유권이전등기

Text

1. The judgment of the first instance court, including the plaintiff's claim expanded in the trial, shall be modified as follows in paragraphs 2 and 3:

2...

Reasons

1. Basic facts

A. On January 21, 2005, the Plaintiff (which was appointed as the representative director of E on May 1, 2013) entered into a joint implementation agreement (hereinafter “instant joint implementation agreement”) with the representative director H and F on the land (hereinafter “instant land”) outside G and 35 lots of land (hereinafter “instant project site”) including each land indicated in the separate sheet of land (hereinafter “instant land”).

The purpose of this Agreement is to facilitate the smooth purchase of land by plaintiffs, E, and F for the project site of this case and to promote the successful multi-family housing development project of the above land, and E, the executor, shall affix his seal to the Multi-Family Housing Agreement.

Article 2 (P/F) E and F shall select the contractor and P/F on the fastest date.

Article 4 The transfer of ownership after the execution of the remaining project site of this case for the transfer of ownership shall be registered under the joint names of plaintiffs, E, and F, and the registration expenses shall be the costs of plaintiffs, E, and F (50:25).

Article 5 (Selection of Construction Works) The selection of construction works shall be completed through consultation between the plaintiff, E, and F.

The plaintiff, E, and F who is prohibited from transferring or disposing of the rights under Article 7 may not transfer or transfer for any reason any rights or obligations under this Agreement to another third party, except with the written consent of the other party.

Article 8. Compensation for Damages for Cancellation and Termination of the Agreement (1) If E and F fail to perform the obligations under this Agreement, the Plaintiff is deemed to have cancelled this Agreement by sending notice of cancellation to E and F.

(2) E/F’s failure to implement a project due to a change in the implementer, and the Plaintiff sent a notice of cancellation to E/F for at least four months from the date of completion of the P/F of the land zone (Provided, That the period may be extended by mutual consent of the Plaintiff, E, and F only once).