건물명도(인도)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
1. The facts subsequent to the facts do not conflict between the parties, or found in Gap evidence Nos. 1 and 2-1 to 6, Eul evidence No. 5 and 6, respectively, by integrating the whole purport of the pleadings.
(a) Conclusion of a joint project 1) The Seoul Dongdaemun-gu Seoul Metropolitan Government Land and D Land were on each ground;
In order to remove existing buildings around 2005 and construct a complex building on a main floor of 3 stories underground and 13 stories above ground (hereinafter “multi-unit building in this case”) on the site, the owners of E-unit housing established a reconstruction association for reconstruction (hereinafter “the association of this case”).
2) On December 19, 2005, the Plaintiff entered into a joint project implementation agreement with the instant cooperative on the construction of a new complex building on the instant state (hereinafter “instant joint project implementation agreement”) (the main contents of the instant joint project implementation agreement are as follows.
Public mission: (A) Joint Implementer of EM reconstruction Co., Ltd. (tentative name: hereinafter referred to as “A”: (tentatively referred to as “A”): Joint Implementer of EM reconstruction Cooperatives (hereinafter referred to as “the instant association”): Article 2 (1) of A Co., Ltd. (hereinafter referred to as “Plaintiff”) (the project outline can be increased or decreased at the time of granting a building permit): 7,737.45 square meters (2,340.57 square meters): (2) Number of floors: 3: 13rd underground floors: Complex of 13rd above ground: Complex Building [the neighboring residential facilities, business facilities (hereinafter “non-business facilities”), and one apartment building] of 5 (Principle of Joint Implementation) of the instant association; (1) The instant association shall secure the land necessary for the implementation of the joint project; and shall support and actively cooperate with the instant association’s relocation and implementation of civil petitions arising from the relocation of its members; and (2) the Plaintiff shall actively cooperate with the instant association.
2) The method of carrying out the joint project is as follows: The instant association’s land is offered to the instant association under Article 2; and the Plaintiff is the Plaintiff’s business.