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(영문) 서울서부지방법원 2016.01.13 2015가합30336
소유권보존등기 말소 등
Text

1. Of the instant lawsuit, each of the real estate listed in the attached Table 1’s real estate list against Defendant Tae Il-il Construction Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is an association established on July 27, 200 under the former Housing Construction Promotion Act in order to remove the Seocho-gu Seoul Metropolitan Government Z and the A Informed Housing in A and reconstruct the apartment (16 units of the association members' share in lots, 18 units of the general sale, hereinafter "the apartment of this case") on its ground to implement the reconstruction project (hereinafter "the apartment of this case").

B. The Plaintiff, in collaboration with the first Thoman Construction Co., Ltd., planned to implement the instant reconstruction project, and reported the commencement of the project on March 9, 2002, but thereafter, the joint project undertakers were subsequently changed to the Incheon Metropolitan Construction Co., Ltd. on October 30, 2000, and the Yangyang Construction Co., Ltd. on March 15, 2005 (hereinafter “Defendant Thai Construction Co., Ltd.”) again to the Busan Metropolitan Construction Co., Ltd. (hereinafter “Defendant Thai Construction”).

C. In around 2005, the Plaintiff entered into a share agreement with Defendant Tae-il General Construction with respect to the instant reconstruction project (hereinafter “instant share agreement”) with the following content:

II.(Scope of Corporation)

1. The scope of construction works to be performed by B (Defendant Thom General Construction) as a co-implementer shall be the scope of construction works for apartments, etc. specified in the housing construction project plan (including a modified approval) approved by the head of the competent local government, including the removal of existing buildings on the site provided by A (Plaintiff);

Provided, That at the expense of B, A shall be allowed to later include refined land points, fluories, and Gu maintenance adjacent to the project site at the expense of B.

Article 4 (Method of Implementing Projects)

1. A shall provide B with the land in Seodaemun-gu Seoul, in which A and its members own, and in return, shall be supplied with the apartment and its accessory and welfare facilities newly built in return therefor.

In such cases, the term "land to be provided to B" means the land in a state where A obtains the ownership of the land and the right to use the site, and it does not impede the commencement of construction works of B

2. The provisions of paragraph (1) of this Article, provided by A.

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