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(영문) 서울남부지방법원 2015.12.10 2014가합105067
약정금
Text

1. The plaintiff's lawsuit against the remaining Defendants except the plaintiff's joint venture business association shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. On November 25, 2002, Defendant Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) established for the purpose of building up a five underground floor consisting of apartment and commercial buildings on the above land and a major multi-use apartment on the 24th floor size above the above land (hereinafter “instant building”) with the status of the party concerned, and then selling it out, the Defendant Mutual Aid Association established for the purpose of selling it in lots (hereinafter “instant project”) shall not be subject to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, even though it copied the standard articles of association of the Housing Reconstruction Mutual Aid Association established by the Ministry of Construction and Transportation pursuant to its bylaws, which is not subject to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

(Seoul High Court 2012Na10329, Evidence No. 14-2). The remaining defendants and the plaintiff are the members of the defendant association or their successors.

B. 1) The Defendant Union, a corporation, a vicarious execution company, was established on May 14, 2003 and July 2, 2004 (hereinafter referred to as the “Seong City”). The conclusion of the construction contract, completion of the construction work, and real estate registration, etc.

In addition, the ELD Construction Co., Ltd. (the later “SSS Construction Co., Ltd.”), a contractor, was mutually changed.

"Ss. Construction" in total below

(2) On March 26, 2004, the Defendant Union continued the instant project by obtaining a construction permit under the name of the members of the Defendant Union, and obtained approval for the use of the instant building newly built on September 27, 2007.

3) Members of the Defendant Union’s association are the ZS Construction Co., Ltd., a contractor on November 1, 2007, and the Daol Real Estate Trust Co., Ltd., a trustee (hereinafter “trust company”).

After the conclusion of a real estate disposal trust contract between the division and the division, on November 26, 2007, the members of the association on November 20, 2007 completed registration of preservation of ownership or registration of preservation of ownership in the future by 1/20 shares for each of the sections of the building of this case, and accordingly, on November 30, 2007.

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