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(영문) 서울고등법원 2012.12.14 2011나87459
소유권이전등기
Text

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

As to each of the relevant real estate listed in the attached list, the defendant.

Reasons

1. Basic facts

A. Party status 1) The Defendant is Yangcheon-gu Seoul National Forest Land 9,261 square meters (hereinafter “instant site”).

(A) The reconstruction project of an aggregate building (hereinafter referred to as the “instant project”)

(2) The Plaintiffs are the persons who were the sectional owners of “Aly established” and are the members of the Defendant’s association.

B. 1) The Defendant’s project progress 1) around June 2003, Dong-gu Comprehensive Housing Construction Co., Ltd. (hereinafter “Dong-gu Construction”) (hereinafter “Dong-gu Construction”).

B) Between the Defendant and the Plaintiff entered into a construction contract with the purport that the Dong-gu Construction would newly construct the “O apartment” on the instant site. The members, including the Plaintiffs, agreed to purchase one unit of reconstruction apartment unit through lot, and the Plaintiffs concluded a sales contract with the Defendant that the Plaintiffs would purchase each unit of the “O apartment” unit allocated by lot. However, around November 2004, the instant project was suspended due to the bankruptcy of Dong-gu Construction around November 2004. (2) On June 8, 2005, the Defendant entered into a construction contract with the Defendant to newly construct the “P apartment unit (hereinafter “instant apartment”) on the instant site.”

On the other hand, the defendant and the petitioner construction had already been allocated to the members, including the plaintiffs, by drawing lots, to recognize the Dong, lake, and size of the "O apartment" as they are in the apartment of this case.

3) On September 4, 2006, each household allocated to the Defendant (Plaintiff B B 101 Dong 402, Plaintiff C 101 Dong 304, Plaintiff L 101 Dong 501, Plaintiff M 101 Dong 503, Plaintiff D 101 Dong 602, Plaintiff G 105 Dong 401, Plaintiff H 104 Dong 703, Plaintiff J 106 Dong 702, and “each of the instant households” (hereinafter “each of the instant households”).

2) Each sales contract (hereinafter “each sales contract of this case”) for each sales contract

4) The apartment of this case was concluded on September 2007.

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