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(영문) 서울고등법원 2016.11.30 2016나2008846
소유권이전등기
Text

1. All appeals filed by the plaintiff and the independent party intervenor are dismissed.

2. The portion resulting from the principal lawsuit out of the costs of appeal.

Reasons

1. Basic facts

A. The Defendant’s housing reconstruction project promotion 1) The Defendant is a housing reconstruction project (hereinafter “instant project”) in Gangdong-gu Seoul Metropolitan Government E Group 1,391m2.5m2

2) For the purpose of this Act, the Urban and Residential Environment Improvement Act (hereinafter “Urban and Residential Environment Improvement Act”)

Article 2 (Subject Matter of Construction) (3) The method of securing the subject matter of construction by the Defendant is the equity share system in which F completes the object of construction with respect to the shares of the land owned by the Defendant or the Defendant’s association members and provides the Defendant with relics free of charge. With respect to the remaining houses except for 20 households of the association members’ shares, the ownership of the association members shall be sold in lots with F’s authority and appropriated for the project cost, and the ownership of F for unsold houses after occupancy shall be owned by F. Article 4 (Terms of Supply and Sale for Apartment Houses) (1) The F establishes a project implementation plan on the land in which the Defendant consented to use in advance in consultation with the Defendant in relation to the construction of the apartment (a unit) in a size approved by the competent authority, and shall be appropriated for the project cost of F. Article 26 (General Sale) ① The remaining apartment shall be supplied first to the Defendant’s association members in accordance with the rules on the supply of the housing, and the object, method, procedure, decision, collection method, etc. shall be conducted in the name of the competent authority.

8. (1) Management of proceeds from sale in general shall be deposited in an account jointly opened by the defendant and F with the bank designated by the defendant and F.

(4) The defendant must actively cooperate with F when requesting F to withdraw the sale price.

2) The Defendant is the F Co., Ltd. (hereinafter “F”) around October 2006.

The construction contract (hereinafter referred to as “the construction contract”) is as follows with respect to the new construction work of 27 households per unit of multi-family housing for the instant project and for the instant project.

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