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(영문) 서울중앙지방법원 2018.09.27 2017가단50004
소유권이전등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 4, 2010, the E Regional Housing Association (hereinafter “E Housing Association”) entered into an implementation contract with the F Co., Ltd. (hereinafter “F”) on the following terms: (a) with respect to each real estate listed in the separate list owned by the Plaintiff (hereinafter collectively referred to as “the instant real estate”) and the apartment construction project of the Si/Gun/Gu District Housing Association (hereinafter referred to as “instant project”) included in the project site in the project site, under delegation from the E Housing Association to perform the affairs related to authorization and permission, such as additional tasks of recruiting partners, establishment of a business plan, support for project costs and loans, project approval, etc.; (b) purchase of land, the selection of the Si construction project, and construction contract-related affairs; and (c) with the E Housing Association, the instant project shall be implemented as the final equity system and the final contribution system; and (d) with additional profits, the F shall be settled at the F’s expense, but the said losses

B. Although the Plaintiff was not a member of the E Housing Association, and at the same time, was willing to become a new member of the H District Housing Association (hereinafter “H Housing Association”) under the name of the H District Housing Association (hereinafter “H Housing Association”) planned to be established for the purpose of expanding its business area and the scale of its business through additional recruitment. Accordingly, on May 3, 2010, the Plaintiff entered into a sales contract with F to receive KRW 150,000,000 from Mar. 30, 201 and sell the instant real estate owned by the Plaintiff to F on the condition that the remainder would be paid after settlement with the commercial building.

C. On December 15, 2010, a business agreement was concluded between F, Defendant B (hereinafter “Defendant B”), Nonparty I, J, K, K, and L Co., Ltd. (hereinafter “instant lender”) and M Co., Ltd. (hereinafter “M”) regarding the execution of the project financing (PF) loans for the instant project.

3.2

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