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(영문) 인천지방법원 2016.11.08 2016가합53417
공동사업약정해제확인
Text

1. Each prop joint business agreement entered into between the plaintiffs and the defendant on the size of 1,546.3 square meters in Yeonsu-gu Incheon Metropolitan City.

Reasons

1. Basic facts

A. As of the date of the closing of argument in the instant case, the Plaintiffs, together with E, F, G, H, I, and J, owned by the former buyer of the ownership of the Plaintiff E 1/9 K 1/9 K 1/9 F 1/27 G M 1/27 N 1/27 N 1/9O 1/9 P 1/9 of Plaintiff B, Plaintiff A 1/9 Q 1/9 G 1/9 J 1/9 as of the date of the closing of argument in the instant case, jointly owned by the co-owners of the land in Yeonsu-gu Incheon Metropolitan City D-gu 1,546.3 square meters (hereinafter “instant land”). The Defendant is an executor of the instant project (hereinafter “instant project”).

The co-ownership relationship of the instant land was changed as follows.

B. As the implementation plan of the Incheon Free Economic Zone R zone was approved and announced on July 10, 2006, the Yeonsu-gu Incheon Free Economic Zone R zone (hereinafter “R zone”) including the land in this case and the land in Yeonsu-gu Incheon Free Economic Zone R zone (hereinafter “R zone”).

(2) Around 201, around 2011, Plaintiff A invested in kind the instant land to the Defendant that implemented the instant project and entered into a prop joint business agreement with the Defendant to be supplied with an apartment or apartment complex, the sales area of which is approximately KRW 171.91mm2, among the main apartment complexes newly constructed on the instant land (hereinafter “instant prop joint business agreement”), and the key contents of the instant prop joint business agreement are as follows.

(hereinafter referred to as “sub-resident” under the instant prop joint business agreement means Article 3 of the instant prop joint business agreement.

1. A prop shall secure the ownership of a site for an investment in kind necessary for promoting the business of this case;

In addition, de facto and legal obstacles such as restricted real rights (including names), provisional seizure, provisional disposition, etc. on the share of ownership of the relevant prop should be cancelled at the expense of the prop.

2. The props shall immediately be appointed by the Defendant after the conclusion of this Agreement.

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