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(영문) 서울남부지방법원 2018.01.11 2016가합3035
수분양자지위확인
Text

1. Between the Plaintiff and Defendant B, the Plaintiff is not more than 163.09 square meters of E apartment housing F in Yangcheon-gu Seoul Metropolitan Government D.

Reasons

1. Basic facts

A. Defendant B Co., Ltd (hereinafter “Defendant Company”) is a company with the objective of construction business, etc., and was dissolved under Article 520-2(1) of the Commercial Act on December 2, 2013.

The defendant association is a corporation established for the purpose of the reconstruction project with the contents of the removal of the existing market and the construction of the main complex building on the ground of Yangcheon-gu Seoul Metropolitan Government D.

B. On May 1, 2005, the defendant union decided to select the defendant company as the contractor of the above reconstruction project and enter into a contract for the work when the defendant company submits the performance guarantee policy, such as the performance guarantee policy, to the defendant company at an extraordinary general meeting of the union members.

C. On October 26, 2005, the Defendant Company entered into a contract for construction works with the Defendant Company as the construction cost of 12 billion won for the said reconstruction project and agreed to transfer the ownership of each apartment and commercial building to the Defendant Company in lieu of the payment of the construction cost.

On February 15, 2007, the Defendant Company and the Plaintiff Union, on the condition of the designation of the Defendant Company as the contractor, delegated it by the resolution of the board of directors as to whether or not the terms and conditions have been fulfilled or the conclusion of the fixed contract. The Defendant Company did not have a resolution of the board of directors as to the above contract for construction works, and the Defendant Company did not have ratified the above contract for construction works. As the said contract for construction works was sold in advance in violation of the above contract for construction works in advance by the Defendant Company, the said contract for construction works was null and void or was cancelled for the said reasons

E. Meanwhile, the Defendant Association affixed the official seal of the president of the Defendant Association to the seller’s surety of the “E apartment sale contract” (hereinafter “instant contract”) stating that the Defendant Company will sell the E Apartment F (hereinafter “instant apartment”) located in Yangcheon-gu Seoul with KRW 363 million.

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