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(영문) 서울서부지방법원 2018.07.27 2017가단233040

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. Co-owners of land including the Plaintiff, Mapo-gu Seoul Metropolitan Government 370 square meters and D large 1,038 square meters, including the Plaintiff, shall respectively form a reconstruction project (hereinafter “instant reconstruction project”) that removes existing buildings on their own land and newly constructs an officetel building (hereinafter “instant reconstruction project”). From May 2003 to June 2003, the instant reconstruction project was concluded with the F Co., Ltd., the representative director of E as well as each reconstruction project (hereinafter “instant reconstruction project”).

B. According to the instant reconstruction contract, among the newly constructed officetels, business affairs such as the subjects, methods and procedures for the sale of the remaining general sales to the association members, collection of sale proceeds, etc. shall be arbitrarily determined by the FF corporation, and the sale proceeds shall be deposited and managed in the account of the F corporation, and it shall be appropriated to the construction cost.

C. Members of the instant association obtained a building permit under their names, and thereafter, partial change was made in the name of the owner due to the reasons such as partial change in the status of the association members.

E succeeds to the status of F Co., Ltd. under the instant rebuilding agreement, G, a representative director, succeeded to the status of F Co., Ltd. under the instant rebuilding agreement, and carried out construction of officetels in accordance with the instant rebuilding project on land, such as the Mapo-gu Seoul Metropolitan Government 370 square meters and D large 1,03

E. On February 4, 2009, HF was decided to make a provisional disposition of prohibition of disposal by the Seoul Western District Court 2008Kahap2317 on the claim for the registration of creation of additional mortgage with respect to the general sale portion among officetels newly constructed pursuant to the instant reconstruction project, and upon the entrustment of the registration of provisional disposition by the said court, the ownership preservation registration was completed in the name of each owner of the building on April 9, 2009.

The plaintiff is the owner of the building.

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