(영문) 서울고등법원 2019.04.04 2018나2056917

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(영문) 서울고등법원 2019.04.04 2018나2056917

회원지위확인

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1. Revocation of the first instance judgment.

2. As to the real estate listed in the attached list operated by the Defendant.

Reasons

1. Basic facts

A. Article 1(1)(2)(1)(2)(a) of the Agreement between the Plaintiff and the Defendant provides for the following matters to be sold to the Plaintiff, and the Plaintiff shall provide for matters necessary for the purchase and use of the goods:

Article 2 (Sale Price for Building): 43,211,831 (including value added tax): 1,428,169 won: 3,428,169 won: 44,640,00 won due to the due date of the payment of the contract, the intermediate payment of KRW 39,140,000,000 until August 7, 2007, the intermediate payment of KRW 39,140,000,000, which was designated by B after completion of the contract, shall be paid at the intervals of every three months from the date of completion of the contract, and the remainder payment of KRW 3 (payment Method) shall be made on the date designated by B after completion of the contract, within one month from the date of completion of the contract.

In addition, any balance shall be paid in exchange for documents necessary for the registration of transfer of ownership.

Article 9 (Management and Use of Facilities) (1) The terms and conditions of use of containers shall apply to the use, management, and operation thereof.

Provided, That if the terms and conditions of use of the facility are changed, if Party A does not raise an objection in writing within 15 days from the date of receipt of the notice of the changed terms and conditions, it shall be deemed that the changed terms and conditions

Provided, That even if A raises an objection in writing, if the total number of members who raise an objection does not exceed a majority of all members, it shall be deemed that A has approved the terms and conditions of use of facilities.

Article 10 (Transfer of Ownership) (1) A shall not transfer his right to a third party prior to the completion of the registration of transfer of ownership with respect to containers.

(2) Where a transfer of ownership is made by A, A shall complete the procedure for change of name prescribed by B.

In such cases, documents evidencing that the registration of ownership has been transferred in the name of the transferee shall be attached, and the transferee shall pay the prescribed actual expenses incurred in the change of name to the B.

(3) In the case of paragraph (2), this contract and the provisions of Article 9.

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