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(영문) 서울고등법원 2012.03.21 2010나79079

소유권이전등기 등

Text

1. Of the judgment of the court of first instance, the part regarding Defendant J Area Housing Association shall be modified as follows:

Defendant.

Reasons

1. Basic facts

A. The plaintiffs (the plaintiff AA, the wife of the deceased, solely inherits the rights and duties pursuant to the sales contract under the deceased's following agreement with his heir as the deceased died on October 19, 2010, one of the co-Plaintiffs in the first instance trial, and the plaintiff AA, the wife of the deceased solely takes over the lawsuit of the deceased) are owned by the defendant association as follows.

After selling each of the lands and buildings stated in paragraph (1) and providing the project site, each of the real estate listed in the separate sheet Nos. 1 through 9 (hereinafter referred to as the “each of the instant real estate”) entered in the separate sheet No. 1 through 9 (hereinafter referred to as the “each of the instant parcelling-out contracts”) with the Defendant Cooperative and the Defendant Cooperative as an agent for the execution of the Defendant Cooperative (hereinafter referred to as the “K”) was entered into a parcelling-gu Housing Act (hereinafter referred to as the “each of the instant parcelling-out contracts”). The Defendant Cooperative was wholly amended to the Housing Act No. 6916 of May 29, 2003, and was wholly amended to the Housing Act No. 6916 of November 30, 2003; hereinafter the same shall apply) as the project site, and constructed and supplied the apartment house (hereinafter referred to as the “instant apartment house”) under its own name with the Plaintiff’s Housing Association and the Plaintiff’s Housing Association.

B. In order to incorporate the Plaintiffs’ land and buildings owned by the Plaintiffs into the instant project site around June 2003, K’s representative director’s network M (M, death on April 27, 2007; hereinafter “M”) of K’s commitment to provide the Plaintiffs’ project site and to qualify as members of K as members of the Defendant Union is newly constructed in return for the purchase of land and buildings owned by the Plaintiffs.