공동사업협약 무효확인 청구
1. The application for participation by an independent party intervenor shall be dismissed in all;
2. The plaintiff, the defendant (appointed party), the defendants, and the defendant.
Basic Facts
The previous process F, etc. of the instant project were owners of Pyeongtaek-si G, H land and the above-ground I Housing (multi-family housing with four floors, first floor, and second floor) and Pyeongtaek-si J land (hereinafter collectively referred to as “instant land”) at the time of 2004.
F, for the purpose of the project of removing the said tenement house and constructing a new building for the main complex on the scale of 19 floors (hereinafter “the instant project”); on June 2, 2004, F, etc. completed the registration of ownership transfer arising from the trust with respect to the shares in common and the ownership of each of the instant land in the name of the instant association, and completed the registration of ownership transfer due to the trust; on the same day, to the National Bank of Korea (hereinafter “National Bank”) Co., Ltd. (hereinafter “National Bank”) with the maximum debt amount of KRW 26 million to KRW 46 million.
However, on July 15, 2004, Defendant B and K, the owner of the above apartment house No. 2, the second apartment house No. 1, and L, respectively, completed the registration of ownership transfer to the association of this case and the registration of ownership transfer to the national bank.
On May 11, 2004, the instant association entered into a contract with the Fishery Construction Co., Ltd. (hereinafter “Fishing Construction”) on the condition that fishery construction will hold all beneficial rights, such as the construction and execution rights of the instant project, but supply multi-family housing with an exclusive area of at least 24.5 square meters to its members after the construction of the instant building. On November 23, 2004, the instant association entered into a contract with the Intervenor to have the right of implementation of the instant project held by the Intervenor.
(A) On November 19, 2004, a fisheries construction company and an intervenor agreed to hold the construction right and the enforcement right as above. A fisheries construction company and a high-level comprehensive construction company (hereinafter “high-level construction company”) entered into a contract for the transfer and acquisition of the instant business on December 5, 2006.
The association of this case is friendly around November 2006 in accordance with the above transfer or acquisition agreement.