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(영문) 서울남부지방법원 2013.02.15 2011가합22598
소유권이전등기
Text

1. The defendant shall attach the attached Table 1 to each of the plaintiffs listed in the attached Table 3 as to the real estate stated in the same Table.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “H”) to implement a reconstruction project on the “G-type housing” on the land outside Gangseo-gu Seoul Metropolitan Government I and six parcels of land. 2) The Defendant entered into a conclusive share contract (hereinafter “the instant construction contract”) with the H Co., Ltd. (hereinafter “H”) on April 28, 2008, under which “the Defendant and H provide the Defendant as a joint project proprietor of the reconstruction project with the land outside the Gangseo-gu Seoul Metropolitan Government I and six parcels of land owned by the Defendant, and as a result, supply the J apartment (hereinafter “the instant apartment”). H provides the Defendant with the 22 household units of the apartment newly built in return for the offering of the project expenses necessary for the said land provided by the Defendant and constructing the construction facilities, and the remaining 14 households are appropriated for the construction expenses and project expenses.”

3) Of the instant construction contract, the details on the general sale of the remainder of 14 households, remaining after the sale to the Defendant’s association members and the appropriation of the construction cost are as follows. [General Conditions for Construction Contract] Article 13 (Appropriation and Settlement of Construction Project Costs) (1) H’s construction project costs include the contributions of the association members and the general proceeds of sale (including welfare facilities other than 14 households of apartments

(2) The sales proceeds, etc. shall not be received for any reason other than the bank account as stipulated in paragraph (1) and the amount deposited out of the designated account shall not be recognized as sales proceeds, etc. In addition, the sales contract shall specify the fact that only the amount deposited in the passbook as stipulated in paragraph (1) is valid as sales proceeds and the account number and the account note.

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