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(영문) 서울동부지방법원 2016.01.08 2015가합2360
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing reconstruction project (hereinafter “instant project”) on a one-scale housing unit with a size of 1,391 square meters in Gangdong-gu Seoul Metropolitan Government.

B. Around October 2006, the Defendant entered into a construction contract (hereinafter “instant construction contract”) with D Co., Ltd. (hereinafter “D”) as follows with respect to the newly constructed construction of 27 units of multi-family housing for the instant project:

Article 2 (Subject Matter of Construction) (3) The method of securing the subject matter of construction by which the defendant completes the subject matter D with respect to the shares of land owned by the defendant or his/her members and provides the defendant with relics free of charge.

With respect to the remaining houses except for 20 households of members' equity housing, D shall sell them in lots with the authority of D, and appropriate them for the project expenses, and the unsold housing unit after occupancy shall be owned by D.

Article 4 (Terms and Conditions of Supply and Sale of Apartments) (1) A shall establish a project implementation plan for the land the defendant consented to use, design D on the responsibility of D in relation to the construction of apartment (a unit welfare facility) in the area approved by the competent authority in advance, construct apartment (a unit welfare facility) in the area approved by the competent authority, supply the remainder to the defendant first 20 households, sell the remainder in general, and appropriate it

Article 26 (General Lotting-Out) (1) The apartment remaining after supplying preferentially to the defendant's members shall be sold in one half of the year according to the Rules on Housing Supply, and the object, method, procedure, decision, collection of the purchase price, etc. shall be sold in the name of the defendant with the approval of the competent authority, but the affairs shall be performed by D by proxy

[Attachment]

8. (1) Management of proceeds from sale in general shall be deposited in an account jointly opened with the defendant and a bank designated by the defendant and D.

(4) The defendant is actively required to withdraw the sale price of D.

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