beta
(영문) 서울고등법원 2014.02.07 2012나68899

소유권이전등기

Text

1. The part of the judgment of the first instance against Plaintiff F shall be revoked.

2. All the plaintiff F's primary and conjunctive claims.

Reasons

1. Basic facts

A. The defendant and I Co., Ltd. 1) The re-building improvement project for the re-building-building housing under J of the J of Sungnam-gu, Sungnam-si (hereinafter "the re-building project of this case").

(2) On April 25, 2006, the Defendant entered into a reconstruction project agreement (hereinafter “instant reconstruction project agreement”) with the I Co., Ltd. (hereinafter “I”) under which “I is a co-project proprietor of the instant reconstruction project. The Defendant provided land owned by the Defendant and its members, and in return for the supply of the new apartment and ancillary welfare facilities as substitute. I shall supply the Defendant with new apartment and ancillary welfare facilities under the conditions approved by the head of the competent local government in accordance with the design documents, terms and conditions of the contract, etc. approved by the said head of the competent local government on the site as a substitute. I shall supply the Defendant with new apartment and ancillary welfare facilities under the conditions of payment in kind for the land provided by the Defendant by the construction of the building facilities, and the remaining building facilities shall be sold in general and appropriated for construction costs and project expenses” (hereinafter “instant reconstruction project agreement”).

3) Among the instant reconstruction project agreement, the details on the appropriation of funds for the expenses for general sale and construction for the remaining households that remain after the sale to the association members of the association are as follows. ① The construction facilities remaining after the sale to the association members of the defendant are sold in general, in accordance with the rules on housing supply, and the general sale price shall be determined by agreement between the defendant and I according to the management and disposal plan of the defendant. However, the general sale price may be determined by agreement between the defendant and I (Article 20(1)).

(b).