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(영문) 서울동부지방법원 2014.05.20 2013가단113054
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap's evidence 1 through 14, Eul's evidence 1 through 3, Eul's evidence 6 (including all of them), the purport of the whole pleadings);

A. The Defendant is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing the housing reconstruction project (hereinafter “instant reconstruction project”) centered on the housing lot of 1,91.5 square meters in Gangdong-gu Seoul Metropolitan Government.

B. Around October 2006, D General Construction Co., Ltd. (hereinafter “D”) concluded a construction contract with the Defendant with respect to the instant reconstruction project (multi-family housing 1 27 households) as follows.

D shall supply the Defendant with 20 households of sale in lots, and with respect to the remainder including the real estate listed in the separate sheet (hereinafter “instant real estate”), D with the authority of D to sell in lots and appropriate it for business expenses, and the timing and method of sale shall be determined in consultation with the Defendant, and it shall be owned by D with respect to the unsold household after occupancy.

The object, method, procedure, decision, collection of the sale price, etc. for the general sale shall be sold in the name of the defendant with the approval of the competent authority, and the affairs shall be performed by D on behalf of D.

General sale price shall be deposited in the account jointly opened by the defendant and D, and the defendant shall actively cooperate when D requests the withdrawal of the sale price.

C. On June 20, 2007, the Defendant, after receiving an approval for the management and disposal plan, implemented a housing rearrangement project on November 30, 201, and obtained an approval for the change of the management and disposal plan on November 30, 201, and the transfer announcement was made on December 15, 2010 on the basis of the approval for the change

As above, the management and disposal plan authorized as mentioned above is stipulated as a house for general sale, and the defendant shall pay the remaining house other than the unit sale to D in accordance with the contract concluded with D for the remaining house.

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