(영문) 서울고등법원 2010.08.17 2009나90247

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(영문) 서울고등법원 2010.08.17 2009나90247

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1. The plaintiffs' claims to the defendant that have been changed in exchange in the trial after remand are all dismissed.

2...

Reasons

1. Basic facts

A. (1) The Defendant and the co-defendant C of the first instance trial, F, and Nonparty G (hereinafter collectively referred to as “owners”) agreed to newly construct the “I Building” of the size of the first floor and the sixth floor above the ground surface on the land owned by them, Seocho-gu Seoul, Seoul, and H and 3 lots of land owned by them, with the owner of the building on March 23, 2002, to provide the said land as the project site following the new construction of the instant loan, and the owner of the building entered into an agreement with the Intervenor to newly construct the instant loan by procuring the construction cost and to newly construct the instant loan, and the owner of the building on the same date agreed to the value and their shares of the land provided by the Intervenor as follows:

[Agreement on the Promotion of Projects] Article 3 (Payment of Price) The progress payment shall be governed by the agreement agreed upon as follows:

(1) 3.7 billion won when a contract is concluded. ② 2.1 billion won as of the end of April, ③ 2. billion won as of May 20, ④ 2.20 billion won as of June 10.

(6) In order to facilitate construction, each project owner shall provide the project site with a loan security.

(7) Payment of the progress payment by the owner shall not exceed the above amount, and the above amount shall be refunded by the participant to the owner at the time of transfer of registration at the time of transfer of registration.

Article 7 (Registration for Preservation and Provisional Registration for Sale) (1) The ownership of the site shall be transferred to a person designated by the intervenor at the time of registration for preservation after the completion of the construction.

② In addition, among the household units of this case 18, 101, 102, 201, 202, 302, 303, 402, 403, 503, 601, 602, and 603 of the 18 generation units of this case, 11 households, among those designated by a participant, shall make a provisional registration of sale.

[The assessed value and shares of the land provided by the owner] is provided to the defendant.

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