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(영문) 서울고등법원 2014.12.12 2014나7782
건물인도 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant (1) Attached Form 1 to Plaintiff A

1. entry in paragraphs 5, 6, and 8 of the list.

Reasons

1. Facts of recognition;

(a) Conclusion, etc. of a reconstruction project contract (1) annexed Form;

1. The heads of apartment houses on the ground indicated in paragraph (6) of the list of the land (hereinafter “G land”) form G reconstruction association (hereinafter “instant association”) in order to remove existing buildings on the said site and construct officetels. On May 28, 2003, the instant association entered into a contract with I and I under the name of the instant association to remove existing buildings on the ground of 947 square meters in lots outside G land and sell buildings with the total floor area of 2,367 square meters in lots to the association members. The instant association provided land and charges, and I entered into a reconstruction project agreement (hereinafter “instant reconstruction project agreement”). The instant association entered into between I and I, under the name of the instant association, to remove existing buildings on the ground of 947 square meters in lots outside G land and sell buildings in lots to the association members.

(2) Attached Form

1. The heads of the apartment houses on the ground specified in paragraph (7) of the list of the land (hereinafter “J land”) form a J reconstruction association (hereinafter “the instant association”) in order to remove existing buildings and construct officetels on the said site. On June 16, 2003, the instant association concluded a reconstruction project agreement with the International Association (hereinafter “the instant association”) under the name of the said association to remove existing buildings on the ground of five parcels, five parcels, one62 square meters, and to remove the existing buildings on the ground of five parcels, five parcels, one62 square meters in the name of the instant association, and to sell buildings on the surface of 7,452 square meters in the total floor area to the association members. However, the instant association provided land and charges to the instant association, and I concluded a reconstruction project agreement under the name of the said association (hereinafter “instant reconstruction project agreement”).

The contents of the contract for the first reconstruction project of this case and the contract for the second reconstruction project of this case are almost identical. The contract for the second reconstruction project of this case contain the following contents:

[This case’s second reconstruction project contract] Article 2(1) and “A” (i.e., the second association of this case)

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