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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. Co-owners of approximately 370 square meters in Mapo-gu Seoul Metropolitan Government, including the Plaintiff, with a view to removing existing buildings on each of the above sites and rebuilding an officetel building, and entered into a reconstruction project agreement with the I Co., Ltd. with which H as the representative director on May 2003, by forming an association (it is a partnership under the Civil Act that did not obtain the authorization of establishment of the association; hereinafter “instant association”).
According to the above rebuilding project contract, new officetels were sold preferentially to the members by lot, and the remaining households were sold to the general public by lot on behalf of the members of the association and the sales price was appropriated for the construction cost.
B. E (hereinafter “E”) with H as the representative director followed the status of the IE corporation under the above redevelopment project agreement and carried out the reconstruction project of the Seoul Mapo-gu Seoul Mapo-gu F site and G site (in the process of carrying out the project, it appears that the Mapo-gu Seoul Mapo-gu K 422 square meters and L 173 square meters are incorporated into the above project area).
C. On February 4, 2009, the JJ association received a decision of provisional disposition of prohibition of disposal by the Seoul Western District Court 2008Kahap2317 on the ground that the right to claim the registration of establishment of additional facilities for the registration of establishment of establishment of the real estate corresponding to the general sale portion among officetels newly constructed pursuant to the above reconstruction project was a preserved right, and upon the entrustment of the registration of provisional disposition by the above court, on April 9, 2009, the registration of preservation of ownership was completed in the name of the owner of the building permit.
As one of the building owners of the above officetels, the Plaintiff registered ownership preservation of 1/46 shares of the real estate listed in the attached Table (hereinafter “instant real estate”) as a general unit sale under the above circumstances.
E. Defendant B’s seller under the E supply contract on April 26, 2009 is the “O reconstruction association indicated by the Plaintiff as the president of the association.”