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(영문) 울산지방법원 2015.12.24 2015가합20342
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts [In the absence of dispute, evidence Nos. 1, 2, 2, 16, evidence No. 4, 7, 8, 9-1, 2, and 12 evidence No. 9-1, 2, and 12]

A. 1) The “D District Housing Association Promotion Committee” refers to an organization established by the owners of the said large-scale land in order to develop a large-scale land, such as Ulsan-gu, Ulsan-gu, the general residential area, and to promote the new construction of a multi-family housing, with the aim of establishing a regional housing association under the Housing Act. After that, on November 24, 2014, the said Promotion Committee held an inaugural general meeting for the establishment of a regional housing association, and on April 3, 2015, established a “F District Housing Association” with the authorization of establishment from the competent authority (hereinafter the said Promotion Committee and the said housing association are referred to as “instant association” only if there is no need to specifically distinguish between the said Promotion Committee and the said housing association.

(2) The Plaintiff, a corporation operating a housing construction project, etc., was delegated with the authority to sell multi-family housing units by the local housing association and performed the service project on behalf of the Plaintiff, etc., and was also delegated by the instant association with the said business affairs.

3) On October 6, 1986, the Defendant is the owner who completed the registration of ownership transfer with respect to the instant land. On the other hand, around May 2014, the instant association concluded a sales agency contract with the owner who was not the Plaintiff, as an agent, with respect to the business of promoting the construction of the said multi-family housing, and the business of selling the said multi-family housing, etc., as an agent, the Plaintiff entered into a sales agency contract with the content of entrusting the respective necessary authority as a sales agent.

B. On June 9, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase the instant land at KRW 2,200,000 (hereinafter “instant sales contract”).

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