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(영문) 서울서부지방법원 2019.09.26 2019가합30617
소유권이전등기
Text

1. The defendant shall make 2.5% of the buildings indicated in the Seoul Mapo-gu Seoul Metropolitan Government C, 688.9 square meters and the attached Form on its ground, respectively, to the plaintiff.

Reasons

1. The following facts may be admitted either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1, 2, 3, and 11, and Gap evidence 9-1 and 2, and the purport of the whole arguments:

Defendant, D, E, and three other parties jointly own the buildings indicated in the Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government 688.9 square meters and the attached Form thereto (hereinafter “instant real estate”).

Among them, the shares held by the defendant are 6/15 and the shares held by D and E are 2/15, respectively.

B. On August 23, 2017, the Plaintiff entered into a joint agreement with the Defendant, D, E, and three other parties possessing the instant real estate to jointly implement the business of constructing commercial buildings and officetels in the said real estate (hereinafter “instant agreement”).

At the time, the defendant concluded the above arrangement as his own representative with respect to the shares held by D, E, and three others as his own representative.

However, the defendant did not have been granted the power of representation for the conclusion of the above agreement from D, E, etc.

C. According to Article 2(1) of the instant arrangement, the Defendant, D, and E, and three other parties possessing the instant real estate must complete the transfer of real estate from the lessees of the said real estate until September 30, 2017 ( Subparagraph 1). The said real estate is entrusted to a trust company designated by the Plaintiff until October 10, 2017, and all the documents necessary for the instant new construction project, including loan of project costs and registration for preservation after completion, should be provided.

(2) According to Article 5(1)1 of the above Arrangement, if one of the parties to a contract fails to perform the obligation under Article 2(1)1 and 2 of the above Arrangement, the contract may be terminated. In such a case, the above arrangement is converted into a sales contract for the real estate of this case and the defendant, D, E, and three other parties bear the obligation to transfer the ownership of the above real estate to the plaintiff.

However, Defendant, D, E, and three other parties are the procedure for the delivery of the instant real estate by September 30, 2017.

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