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(영문) 울산지방법원 2017.04.26 2016가합23218
매매대금지급청구
Text

1. The Defendant B Housing Association and the Defendant (Counterclaim Plaintiff Co., Ltd.) shall jointly serve as the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On February 7, 2013, Ulsan Metropolitan City, including the status of the parties concerned and the progress of the project, determined the designation and maintenance plan of the E-Housing Redevelopment Project Zone and announced the topographic map with respect to the total of 426 square meters of land, size 81,90 square meters of land in Ulsan-gu, Ulsan-gu, Seoul Metropolitan City including the land and buildings owned by the Plaintiff (hereinafter “instant real estate”). The E-Housing Redevelopment Project Promotion Committee established the E-Housing Redevelopment Project Promotion Committee (hereinafter “Redevelopment Project Promotion Committee”) around this time, promoted the establishment of the redevelopment Project Improvement Project Association in the area of the instant real estate in the vicinity of the land, etc. by demanding the consent of establishment from the owners of the land, etc.

On the other hand, the plaintiff performed the chairman's duty of the redevelopment improvement committee.

The Defendant B Housing Association (hereinafter referred to as the “Defendant Association”) is a regional housing association established to implement a new apartment construction project (hereinafter referred to as the “housing construction project”) using the Ulsan Nam-gu Flsan-gu, including the instant real estate as a project site. The Defendant Company is a company that vicariously performed the prop work of the project site including the instant real estate.

In order to promote a housing construction project, the Defendant Company entered into a contract for purchase of G, a licensed real estate agent, and 40,012.44 square meters of real estate including the instant real estate, including G, a licensed real estate agent, around June 7, 2014. On November 2014, the Defendant Company entered into a contract for vicarious business with (tentative name) B Housing Association Promotion Chairperson, a stock company, and one asset trust (hereinafter “one asset trust”).

G notified the Plaintiff, who was the chairperson of the redevelopment project promotion committee, of July 2014, that it was a plan to implement housing construction projects in the instant real estate unit, and requested the revocation of the designation of the housing redevelopment project zone.

Around September 201 to October 2014, Defendant Company requested consent from the owners, such as the land in the area of one real estate of this case.

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