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(영문) 서울고등법원(춘천) 2017.11.22 2017나921
소유권이전등기의무부존재 확인청구의 소
Text

1. Of the judgment of the court of first instance, the part concerning real estate listed in [Attachment 5] 1 through 70 shall be revoked.

2. This.

Reasons

1. Basic facts

A. The Plaintiff, around 1967, is a non-corporate association created by 120 patients suffering from Hansen's disease who were settled in the Hanju-si BU in order to jointly operate and manage the said land in a state-owned area and to improve the welfare of Hansen's disease patients and expand their foundation for self-reliance.

B. On September 27, 2005, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with the Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter “Unaccompanied”) and the Nice Construction Co., Ltd. (hereinafter “Nice”) as follows.

The real estate indicated in the [Attachment 1] List of Real Estate (hereinafter “Sale Real Estate ①”) (hereinafter “Sale Real Estate ②”) indicated in the [Attachment 2] List of Real Estate (hereinafter “Sale Real Estate ②) other than BA and 37,1710, 29, 172, 41, BV and 41, non-owner of the land at the location of the place where the real estate is indicated (hereinafter “sale Real Estate ②”) is named “sale Real Estate ② and “the instant real estate”.

The seller (hereinafter referred to as the "A") and the buyer-free, and one other (hereinafter referred to as the "B") enter into a sales contract for the real estate of this case as follows, and perform them in good faith:

Section 1 (Purpose of this Agreement) The purpose of this Agreement is to establish a project plan under the Urban Development Project Act and to promote apartment houses and other construction projects (hereinafter “development projects”) for the purpose of this Agreement by purchasing and selling real estate ① owned by Party A and purchasing real estate ② owned by Party A under the responsibility of Party A.

Article 2 (Total Amount of Sales Price) A sells and purchases real estate ① owned by Party A to Party B, and under Party A’s responsibility, Party A’s member’s sale and purchase real estate ② is made to Party B to Party B.

If Party A’s members sell real estate B to a third party other than Party B, this Agreement shall be promptly held.

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