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(영문) 서울고등법원 2015.01.21 2014나2021210
제3자이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The plaintiff filed the lawsuit against the defendant in this case against the third party's objection and the registration of ownership transfer, the corporation C (hereinafter "C"), D, and E, and the court of first instance rendered a decision to dismiss all the plaintiff's claims, while filing an appeal against the part of the claim for the registration of ownership transfer against the defendant, and the fact that the lawsuit against C, D, and E was withdrawn is apparent in the record, the scope of the judgment of this court is limited to the part of the plaintiff's claim for the registration of ownership transfer against the defendant.

2. Basic facts

A. The Defendant is a reconstruction and maintenance project association that is established for the purpose of constructing the 1st underground floor, 27 units, and ancillary welfare facilities (hereinafter “I apartment”) of the 7th underground floor above the G ground in Gangdong-gu Seoul Metropolitan Government (hereinafter “I apartment”).

On June 14, 2003, the defendant completed the registration of incorporation on December 11, 2006 after obtaining authorization for establishment from the head of Gangdong-gu Seoul Metropolitan Government.

B. At around October 2006, C entered into a contract with the Defendant for reconstruction works of I apartment (hereinafter “instant contract”), and 20 households among I apartment 27 households, supplied the Defendant as a partner unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit

According to the contract of this case, the object, method, procedure, collection of the sale price, etc. for the general sale at the time shall be conducted in the name of the defendant with the approval of the competent authority, but the affairs shall be performed by C (Article 26(1)), and the general sale price shall be deposited in the account jointly opened by the defendant and C, and the defendant shall actively cooperate upon request by C to withdraw the sale price.

(Attachment 8). (c)

On June 20, 2007, the defendant obtained a management and disposal plan from the head of Gangdong-gu Seoul on June 20, 2007. On May 24, 2008, 19 households out of the I apartment 27 households are sold to the members, and eight households are sold to the general public.

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