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(영문) 서울서부지방법원 2016.09.06 2015가합36365
근저당권변경등기절차이행 등
Text

On March 29, 201, the Yongsan District Court of the Seoul Western District on the real estate stated in the attached list between the plaintiff and the defendant.

Reasons

1. The facts under the basis of facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1, 6 (including the serial number, hereinafter the same shall apply), Eul evidence 1 to 4, and the testimony of the witness C, and the whole purport of the pleadings.

The defendant is a reconstruction association established for the purpose of removing the above ground houses, etc. and constructing the apartment houses and sales facilities (H; hereinafter referred to as the "building of this case") with the reconstruction project zone for Yongsan-gu Seoul Metropolitan Government, E, F, and G, and the plaintiff is a member of the defendant's association.

B. According to the construction contract (No. 2) concluded between the defendant and the non-party construction company, the contractor, and the non-party construction company (hereinafter referred to as the "sub-party construction contract in this case"), the defendant provided the lender construction with the land of two parcels outside Yongsan-gu Seoul, Seoul, owned by the defendant's association members, and the lender construction in return for the provision of the land to the lender and the non-party construction without the additional share of each union member's 1 and 18 commercial area.

(Articles IV, V, and V). (c)

The Plaintiff, as a member of the Plaintiff, opened a lot of commercial buildings sold free of charge, sold R 253 of the original 12.88 square meters, but agreed with Nonparty C, who was the head of the Defendant’s partnership, to purchase 35.891 square meters (hereinafter “instant commercial buildings”) instead of the above R253 square meters (hereinafter “instant commercial buildings”).

Accordingly, on July 6, 2007, the Plaintiff received the sale of the instant commercial building from the Defendant and completed the registration of ownership preservation on the instant commercial building and received the delivery of the instant commercial building on the same day.

According to the instant construction contract, the members who received the sale exceeding the area of the commercial buildings sold free of charge to the association members shall settle the difference at the general sale price of the excess area (Article 19(1)). At the time of the general sale of each commercial building of this case, the price was 15 million won per square.

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