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(영문) 서울중앙지방법원 2014.12.19 2013가단334438
정산금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff and the Defendants, as owners of H and I land in Gwanak-gu in Seoul Special Metropolitan City, decided to construct a reconstruction apartment on the above land on August 2003, and concluded a reconstruction contract with the new comprehensive construction company (hereinafter “non-party company”) to remove the existing buildings on the above land and to newly construct an apartment 14 households.

(hereinafter referred to as the instant reconstruction contract). (b)

According to the rebuilding contract of this case, the non-party company, which is the contractor, directly sell the remaining buildings except the shares of the original defendant who is the owner of the building, and appropriated the sale price to the construction cost, etc., and the non-party company concluded a sales contract with J, etc. for the general sale portion

C. After that, the general buyers of the reconstruction apartment in this case, including J, filed a lawsuit against the original Defendant, the owner of the building, claiming ownership transfer registration (Seoul Central District Court 2010 Gohap30237, hereinafter referred to as the "related lawsuit"). On April 13, 2011, the above court rendered a judgment that the sale of general apartment units in this case was comprehensively delegated to the non-party company from the owner of the building, and the sales contract concluded by the non-party company is invalid for the construction of the non-party company, and as long as the power of the non-party company to sell the apartment units in this case is delegated to the non-party company, the original Defendant’s duty of ownership transfer registration is recognized for the reason that the ownership transfer registration will be expected to be transferred to each apartment unit, and 501 50,000,000 won will be paid to J for the remainder of the sale price and at the same time the registration procedure for ownership transfer of the relevant site shares was finalized after the appeal.

However, according to the reconstruction contract of this case, the actual ownership of the general apartment unit sale price is against the non-party company, at least the non-party company.

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