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(영문) 서울고등법원 2016.12.13 2015나2026984
건축허가명의변경절차이행
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The independent party intervenor who has been a party in this Court.

Reasons

1. Basic facts

A. 1) Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust”)

In the 1990s, the [Attachment 2] List of the Korean Real Estate Trust (hereinafter “instant project site”) from the Young-si Market.

(1) The I Rental Apartment Housing Construction Project (attached Form 1; hereinafter referred to as the “instant Project”) in Boan-si, one of which is the project site.

(2) The Korean Real Estate Trust (hereinafter “Construction”) has contracted the I Rental Apartment Construction Co., Ltd. (hereinafter “Construction”) with respect to the instant project site, around that time.

3) The Plaintiff, the Intervenor, and the Plaintiff Incorporated Development Co., Ltd. (hereinafter referred to as “Integrated Development”).

On September 21, 2001, the Plaintiff entered into a contract with the Korea Real Estate Trust on September 21, 2001 to acquire the instant project site and the building materials owned by the instant construction site in total of KRW 2.1 billion. At that time, the instant project was interrupted due to the nonperformance of the tendency of construction, which is the contractor. 4) On October 22, 2001, the Plaintiff, the Intervenor, and the 00 integrated development entered into a contract with the Korea Real Estate Trust to purchase the instant project site and the 1/3 share of each of the instant project site on December 19, 201.

5) On December 19, 2001, the Defendant entered into a contract to purchase shares in the instant project site from the integrated development with the development with the development with the development with the development with the development with the development with the development with the development with the development with the development with respect to the ownership transfer registration with respect to the 1/3 share in the development with respect to the development with respect to the 1/3 share in the instant project site. (b) The preparation of the memorandum of agreement in the instant case and the joint project with respect to the change of the project entity by the Defendant, shall be carried out in the form of a joint project as prescribed in Article 1 (Business Purposes).

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