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(영문) 서울남부지방법원 2019.06.12 2017가단259050
대지권의 표시등기절차이행 등
Text

1. Defendant (Counterclaim Defendant) B: Attached Form 3 to the Plaintiff (Counterclaim Defendant)

1. Of real property:

(a) 26.91 percent;

Reasons

1. Progress of this case

A. On September 14, 2004, Defendant B’s ASEAN, Defendant D, and C agreed to newly build 8 households of reinforced concrete slab structure parking lots, 2, 3, 4, and 5 stories multi-household houses (hereinafter “multi-household houses in this case”) on the ground of the total size of the land to be replaced by the Guro-gu Office in the residential environment improvement district, such as the Guro-gu Seoul Metropolitan Government, on the ground of the total size of the land to be replaced by the replotting from the Guro-gu Office (hereinafter “instant new construction agreement”). The primary content was that the settlement of the share ratio of the right to the site of the instant multi-household house and the settlement of the construction cost due to the lack of land should be applied in proportion to the building area.

After that, Defendant E finally became a party to the instant new construction agreement on behalf of G.

B. On September 16, 2004, F entered into a contract with the Plaintiff on the following terms: (a) the instant multi-household house is KRW 2,800,000 per average of the contract amount (including parking lot area); and (b) six months after the construction period begins; (c) the down payment is the housing environment improvement fund and the loan before the finance; and (d) the progress payment and the remainder are the payment in kind, respectively.

(hereinafter) On November 15, 2005, when the name of F was changed to Defendant B from among the building owners of multi-households of this case, and the contract amount was null and void on September 16, 2004 between Defendant B and the Plaintiff, and the contract amount was increased to KRW 2.9 million per square year (parking 1.8 million) and the construction permit amount was increased to the size at the request of the building owner, etc., the building owner shall bear the burden of the building owner, and the building owner shall exercise the disposal right as to one of the eight households, pay the maintenance price, and pay the construction price by payment in kind, and pay the price after deducting 10% from the sale price designated.

On the other hand, on March 24, 2006, the Plaintiff obtained approval for the use of the instant multi-household house from Guro-gu Office.

C. Defendant D is the remaining Defendants between the Plaintiff on April 7, 2006 and the Plaintiff.

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