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(영문) 서울북부지방법원 2017.04.27 2016가합25274
소유권이전등기
Text

1. The defendant is the 1/18 share of the real estate listed in the separate sheet against the non-party NASC Co., Ltd.

Reasons

Basic Facts

The sectional owners of E-house on the ground of Dongdaemun-gu Seoul Metropolitan Government and D (hereinafter “instant land”) established the E Reconstruction Association (hereinafter “instant association”) in order to remove the existing building around 2005 and construct the main complex building with the third underground and third underground floors above the ground level (hereinafter “instant main complex building”) on that location, and the Defendant is the head of the association.

On December 19, 2005, the instant association entered into a joint project implementation agreement with the NASC Co., Ltd. (hereinafter “the instant joint project implementation agreement”) with the content that the NAS was provided with the instant land from the instant association, and newly constructed the instant main complex building on the ground, and that the 16 households among them supplied the instant land to its members, and the remainder of the apartment units and non-business facilities (hereinafter “the instant general apartment sales household, etc.”) should be appropriated for the construction cost, etc. paid by the NASP to its members (hereinafter “the instant joint project implementation agreement”), and the construction work under the instant joint project implementation agreement was referred to as “the instant construction work”).

The main contents of the instant joint project implementation agreement are as follows.

Article 1 (General Provisions) A (E reconstruction Association, hereinafter the same shall apply) and B (hereinafter the same shall apply) shall, in principle, enter into this Agreement on the basis of mutual trust and good faith so that the reconstruction project may be implemented promptly and smoothly in accordance with the relevant laws and regulations, such as the Building Act.

Article 5 (Principle of Joint Project Implementation) (1) In the implementation of this Joint Project, A shall secure the necessary site, handle civil petitions arising from business, such as relocation of the members, handle the affairs related to relocation expenses and the implementation of the project, and B shall support and actively cooperate with A. 2) The method of carrying out the Joint Project is the land of Article 2.

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