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(영문) 수원지방법원안산지원 2019.01.17 2017가합7528

건축주명의변경절차이행청구의 소

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1. As to the building permit stated in the attached list 1, the Defendant shall be the Plaintiff from the Defendant to the Plaintiff.

Reasons

1. Basic facts

A. On March 23, 2017, the status of the parties and the nature of the Ctel association, as a stock company with the purpose of an engineering work business, etc., the Plaintiff changed the name of the company A from D to A.

(hereinafter referred to as the “Plaintiffs” including before and after the change of name). Ctels association (hereinafter referred to as the “instant association”) is a cooperative established on October 3, 1995 for the purpose of purchasing commercial lots and constructing and selling commercial buildings by selling commercial lots by the owners of purchase rights who have the right to purchase commercial lots in relation to the E-site development project in the public development project site in the Sii-si Public Development Project in the Sii-si.

B. On March 27, 1997, the instant association entered into a contract to purchase the land listed in the separate sheet No. 2 (hereinafter “instant land”) from the Si interest market on March 27, 1997, and completed the registration of ownership transfer in the name of each of the instant association on November 9, 2012.

C. On November 6, 2012, the Defendant, on behalf of the instant association, entered into a real estate sales contract with the Plaintiff, on behalf of the instant association, to sell the instant land and buildings on the ground (hereinafter “instant building”) at KRW 7,272,00,000 for the purchase price (hereinafter “instant sales contract”).

On December 28, 2014, the Defendant convened a general meeting of the instant association, and prepared the minutes of the general meeting to the effect that 20 members present among 37 members, with the consent of 11 members, and that the Plaintiff made a resolution to implement the instant sales contract with the Plaintiff.

The main contents of the instant sales contract are as follows.

1. Indication 1) Sale and purchase real estate address: The sale and purchase area of the land to be purchased and sold in Gyeonggi-do, F, G2: 1,300 square meters (including the above-ground objects) and 3): The sale and purchase area of the building: The entire land area in the current state of the above-mentioned address (a building under construction);

2. Payment method of the purchase price;