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(영문) 광주고등법원 2015.01.09 2014나450
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On January 21, 2009, the Seoul Special Metropolitan City Mayor issued a project plan for the construction of apartment buildings (hereinafter “instant project plan”) on the land outside 1357 and 47 lots in Masan-dong, Gwangju Special Metropolitan City (hereinafter “instant project site”) subject to the payment of farmland preservation charges from the Seoul Special Metropolitan City Mayor.

On December 24, 2010, fora construction development, the defendant was selected as a contractor to newly build an apartment in the instant project site, and the real estate security trust agreement with the defendant as priority beneficiary with respect to the instant project site was concluded on December 24, 2010, and on the same day, the registration of ownership transfer was completed in the name of a prote real estate trust on the ground of the trust.

Since the seller's life real estate trust and the buyer's multi-unit development, the contractor and the defendant of the first beneficiary concluded a sales contract in accordance with the following provisions, this contract shall be prepared as evidence:

Article 1 (Sale Objects) The objects of this contract shall be as follows, and the size thereof shall be based on the area entered in the public register:

1. Subject area: The area of Gwangju Mine-dong, 1357, and 47 pieces of land;

2. Area of an object: 45,714 square meters (13,828 square meters);

3. All rights regarding a business plan and a building permit (as of January 21, 2009) approved as a housing construction project plan on the land of this case (as of January 21, 2009)

Article 5 (Liability for Implementation Conditions, etc. for Project Approval) (1) The conditions for implementing the project approval pursuant to the project plan approved for housing construction on this object ( January 21, 2009) shall be responsible for and implement multi-source development.

(2) The trust of inherited real estate and the defendant shall not be liable for all the conditions for the implementation of the project approval, and the competent authority shall also request the trust of inherited real estate and the defendant to perform the project in relation thereto.

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