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(영문) 서울중앙지방법원 2018.07.03 2018가단5003406
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a member of the E Regional Housing Association (hereinafter “instant Association”) who completed the registration of ownership transfer on October 8, 2001 with respect to the real estate listed in the attached list (hereinafter “instant real estate”).

The instant association is a housing association authorized to implement a new project (hereinafter referred to as “instant project”) on the land of the Filsi City F (hereinafter referred to as “instant project site”) including the instant real estate.

B. On January 4, 2010, the instant association concluded an enforcement agency contract with G Co., Ltd. (hereinafter “G”) for the implementation of the instant project (hereinafter “instant enforcement agency contract”).

Of the terms of the above contract, the parts related to this case are as follows:

Article 5 (Scope of Convention) G refers to the performance of the following duties and other duties delegated by the association of this case in accordance with the rules of the association, and the association of this case shall actively cooperate with the request for cooperation in performing the duties of G:

1.The scope of the agreement stipulated in this Agreement shall be as follows:

1) Article 6 (Scope of Duties and Responsibilities) (Scope of Duties and Responsibilities of the instant association) (Scope of Duties and Responsibilities of Obligations) Purchase of a seller’s land (Scope of Duties and Obligations) (Scope of Duties, Responsibilities and Obligations of the instant association)

1. The association of this case shall faithfully carry out the following affairs necessary for the implementation of the project as a project operator:

1) in accordance with the provisions of the Housing Act, the tasks necessary to carry out the project, such as district-unit planning and construction review, and the requisition of documents for the recruitment of members, shall be carried out. 2) The land work (participation in housing project and land sale) within the project area shall be completed by 95% after consultation with the land owner and transferred to G.

(G) The scope of duties and responsibilities and duties

2. G. G. This paper.

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