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(영문) 서울중앙지방법원 2018.09.18 2018가단5056226
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) The Plaintiffs are co-owners of each of the 1/2 equity shares of the building on the F-193 square meters and its ground in the Guri-si, Guri-si (hereinafter “instant real estate”), and are members of the G Regional Housing Association (hereinafter “instant association”).

(2) The instant association is a housing association authorized to implement a new project (hereinafter “instant project”) with respect to the instant land located in the Guri-si, Guri-si (hereinafter “instant project site”) including the instant land.

B. On January 4, 2010, the instant cooperative entered into an enforcement agency contract with the I Co., Ltd. (hereinafter “I”) for the implementation of the instant project (hereinafter “instant enforcement agency contract”).

Of the terms of the above contract, the parts related to this case are as follows:

Article 5 (Scope of Convention) I refers to the performance of the following affairs and other affairs entrusted by the Association of this case in accordance with the Regulations of the Association, and the Association of this case shall actively cooperate in the performance of I's duties:

1.The scope of the agreement stipulated in this Agreement shall be as follows:

1) Article 6 (Scope of Duties and Responsibilities) (Scope of Duties and Responsibilities of the instant association) (Scope of Duties and Responsibilities of Obligations) Purchase of a seller’s land (Scope of Duties and Obligations) (Scope of Duties, Responsibilities and Obligations of the instant association)

1. The association of this case shall faithfully carry out the following affairs necessary for the implementation of the project as a project operator:

1) In accordance with the Housing Act, tasks necessary to carry out projects, such as district unit planning and construction review, and the collection of documents for the recruitment of members, shall be carried out. 2) The land work (participation in housing projects and the acquisition of land sale, etc.) within the project site shall be completed by 95% after consultation with the landowner and transferred to I.

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