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(영문) 서울고등법원 2012.12.07 2010나96845
건물인도 등
Text

1. Of the judgment of the court of first instance, the claim for the transfer of land and public land, and the claim for the transfer of real estate.

Reasons

1. In the first instance trial, the Plaintiffs were rendered a dismissal judgment on the part of the claim for the registration of ownership transfer (a) in the name of the Defendant, the claim for the registration of site ownership (c) and the claim for the receipt of money (a claim), and the dismissal judgment on the part of the claim for interest on excess payment (the purport of the claim). Thus, the above claim is excluded from the subject of the judgment of this court.

2. The reasoning of this part of the reasoning of the judgment of the court of first instance is the same as that of “1. Basic Facts” among the reasoning of the judgment of the court of first instance, thereby citing it as is.

The summary is as follows:

1 Co-owners of the 11st real estate established L reconstruction association and concluded a reconstruction project contract with theO on May 28, 2003.

Plaintiff

B, D, F, G, and I are its members, and the plaintiffs A and H owned part of the above land-based row without the land shares.

B. Co-owners of the 12 real estate established M reconstruction association and concluded a reconstruction project contract with theO on June 16, 2003.

Plaintiff

C. E is its member.

C. The above L Reconstruction Association and M Reconstruction Association are both non-corporate entities established voluntarily for the purpose of reconstruction rather than the association which obtained authorization for establishment of a reconstruction association, and they agreed to pay the land and charges for the project to O in the above reconstruction project agreement, and the O agreed to newly construct an officetel and supply it to the members by newly constructing an officetel after being entrusted with the implementation of a reconstruction project.

The defendant, who has taken office as the representative director, guaranteed the O's debt under the above business contract and received the construction of the above officetel from the members of the reconstruction association.

The rest of the plaintiffs entered into a sales contract with the defendant for the above officetels to be newly constructed. The plaintiff A's real estate, the plaintiff Eul's 2 real estate, the plaintiff Eul's 3 real estate, the plaintiff Eul's 4 real estate, and the plaintiff Eul's 5 real estate.

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