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(영문) 서울동부지방법원 2014.12.12 2014가합4840
소유권이전등기
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Cooperative, as a housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”), carried out a reconstruction project (hereinafter “instant project”) by setting the land of Seongdong-gu Seoul, D, and E as the project implementation district.

B. The Seoul Metropolitan Government Construction Co., Ltd. (hereinafter “Seoul Metropolitan Government Construction”) was awarded a contract with the Defendant for the new construction of apartment (hereinafter “instant apartment”) (hereinafter “instant construction”) to be newly built pursuant to the instant project (hereinafter “instant contract”), and its main contents are as follows.

Article 3 (Status and Business Principles between Parties) ① A (hereinafter referred to as “A” only to this Agreement) and B (hereinafter referred to as “B” only to this Agreement) shall be joint project undertakers who are responsible and liable pursuant to relevant Acts and subordinate statutes, such as the Housing Construction Promotion Act, and shall perform the contract in accordance with the principle of mutual trust and good faith so that the project may be completed successfully.

Article 4 (Method of Implementation of Projects) (1) A shall provide B with the project land of Seongdong-gu Seoul Metropolitan Government and two lots owned by Gap and its members, and in return, it shall be supplied with the newly built apartment and its ancillary and welfare facilities.

In such cases, the term "land to be provided to B" means the land in a state that does not impede the commencement of construction works of B by securing the ownership of land and the right to use site.

(2) Eul shall invest necessary project expenses in the site referred to in paragraph (1) provided by the head of the competent local government in accordance with the design documents and terms and conditions approved by the head of the competent local government, etc., supply Gap with the newly built apartment and ancillary and welfare facilities on the land provided by the head of the competent local government, and the remaining building facilities shall be appropriated for the construction expenses and the project expenses (hereinafter referred to as "construction project expenses").

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