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(영문) 인천지방법원부천지원 2019.03.06 2018가단115803
소유권이전등기
Text

1. The defendant shall be paid KRW 10,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. Since 15 sectional owners of D apartment above 565.2m2m2 in Bupyeong-si, including the Plaintiff, two members were excluded from the association members, but the conclusion is not affected, the Plaintiff’s and other members’ explanation is without merit.

(hereinafter “Plaintiff, etc.”) entered into a joint project agreement with Defendant on December 15, 2015 (hereinafter “instant joint project agreement”) with the following contents to remove D apartment units and to newly build business facilities and multi-family housing on the ground.

[Purpose] Article 2

2. The plaintiff et al. shall trust the site of the business, and the defendant shall submit a certificate of completion of liability to the financial right, secure relocation expenses and construction work expenses, execute, execute, sell in lots, and the present owner's 15 household members, including the plaintiff et al. shall transfer the ownership of at least 24 square meters of the unit area after reconstruction, and the contribution of at least 30 million won shall be deposited

3. The purpose of the defendant is to determine the proceeds from the sale of the project site and the amount remaining after paying the construction cost and the construction cost with the occupancy contribution as the proceeds from the defendant's business.

Article 6 (Bearing and Liquidation of Expenses)

1. The costs of civil engineering design, construction design, authorization, permission and other necessary matters for the above construction shall be borne by the defendant in advance.

2. The defendant shall settle the remainder after paying design expenses, construction expenses, general management expenses, and other public charges and miscellaneous expenses with the contributions to move in by the plaintiff, etc. and the proceeds from the sale of officetels as the defendant's proceeds.

B. Accordingly, around March 21, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the real estate stated in the order (hereinafter “instant real estate”) at KRW 290,000,000 (hereinafter “instant sales contract”) and paid KRW 260,000 as the Plaintiff’s share in the land of the said D apartment, and paid KRW 30,000 at the time of moving into a new building, and 15 days after the Defendant obtained approval for the use of the new building.

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