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(영문) 수원지방법원 2018.06.21 2017구합68081
조합설립인가무효확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) has been promoting an urban development project in the Republic of Korea (hereinafter “the instant urban development project”) from around 2003, the FJ E-dong (hereinafter “E-dong”) in Young-si (hereinafter “E-dong”).

B. D, from June 2005 to December 2, 2005, concluded a sales contract with G, H, and I (hereinafter collectively referred to as “three persons”) concerning the land within the instant urban development project zone, which they owned, including the following contents (hereinafter “instant sales contract”), respectively, and paid the sales amount in full.

(Article 4) Seller's liability

1. Seller shall actively cooperate in an urban development project promoted by a purchaser;

2. After the conclusion of this contract, a seller shall provide all all the documents necessary for authorization and permission for an urban development project, permission for land transaction, etc. promoted by a purchaser at the request of a purchaser, and permit the use of seals;

(Article 5) Liability of the purchaser

1. The buyer shall not perform construction activities such as installation of facilities on the real estate before the balance is paid;

2. A purchaser shall proceed with authorization and permission for an urban development project under his/her responsibility and have the right thereof and a purchaser shall be responsible where any loss to the project occurs;

§ 6) Transfer of ownership

1. Where a seller is obligated to transfer the ownership of this real estate to a buyer simultaneously with receiving any balance, and where it is difficult to immediately transfer the ownership due to needs for an urban development project, he/she shall provide all documents necessary for the registration of the transfer of ownership or register the ownership transfer to a third party (including a trust company);

2.If the buyer wishes to acquire ownership by transfer before the payment date of the balance because it is necessary for the promotion of his business, he may immediately pay the balance to the seller, and if so, the seller shall be liable to transfer ownership under paragraph 1 above;

3.This paper.

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