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(영문) 서울동부지방법원 2016.01.08 2015가합2940

소유권이전등기

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing reconstruction project (hereinafter “instant project”) on a one-scale housing unit with a size of 1,391 square meters in Gangdong-gu Seoul Metropolitan Government.

B. On October 2006, the Defendant concluded a construction contract (hereinafter “the instant construction contract”) with respect to the Korea-Japan Comprehensive Construction Corporation (hereinafter “Korea-Japan Comprehensive Construction”) and the 27 new construction works of multi-family housing for the instant project as follows.

Article 2 (Subject Matter of Construction) (3) The method of securing the subject matter of construction by the defendant shall be the share system in which one-way is to complete the subject matter with respect to the shares of land owned by the defendant or the defendant and to provide it to the defendant free

A member's share house 20 households shall be sold in lots with the authority of Do governor in respect of the remaining houses except for 20 households, and shall be appropriated for the project expenses, and the unsold housing unit after the occupancy shall be owned by Do governor.

Article 4 (Terms and Conditions of Supply and Sale of Apartments) (1) Han Solo shall establish a project implementation plan on the land which the defendant consented to use, design the apartment (a unit welfare facility) in the area approved by the competent authority in advance, construct apartment (a unit welfare facility) in the area approved by the competent authority, supply the remainder to the defendant first 20 households, and appropriate the remainder in the project cost of Han Solo by general sale.

Article 26 (General Lotting-Out) (1) The apartment remaining after supplying preferentially to the defendant's members shall be sold in one half of the year in accordance with the Rules on Housing Supply, and the object, method, procedure, decision, collection of the purchase price, etc. shall be sold in the name of the defendant with the approval of the competent authority, but the affairs shall be performed by the guidance

[Attachment]

8. (1) Management of proceeds from sale in general shall be limited to the account opened jointly with the defendant in the bank designated by the defendant and the Han-do Governor.