건물인도
1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of appeal and the claims in the trial.
1. Basic facts
A. C Housing Redevelopment Association (hereinafter “Nonindicted Partnership”) was implementing a housing redevelopment project that newly constructs E apartment in the size of 28 units in Seongbuk-gu Seoul Metropolitan Government D D (hereinafter “instant apartment”) in Seongbuk-gu.
B. On September 16, 2004, the time when the new construction of the instant apartment was completed, the non-party association entered into a contract with the Defendant for the entrusted operation and management of the sports center (hereinafter “instant entrusted management contract”) with respect to the part of 1,328.78 square meters of underground floors and 958.90 square meters of underground floors among the buildings listed in the attached Table, which are the residents’ sports facilities among the common areas of the instant apartment owners (hereinafter “instant underground floors”), with the Defendant during the period from May 1, 2005 to April 30, 2012.
The non-party association agreed to succeed to the rights and obligations of this contract to the council of occupants' representatives of apartments constructed by the non-party association.
C. From May 2005, the Defendant had various facilities and operated a sports center on the 1st and the 2nd underground of the instant case.
The apartment of this case was completed on April 20, 2005 and thereafter, the occupancy of the apartment residents began thereafter, and the management rules were enacted on June 10, 2005, and the plaintiff was organized on November 2005, and the housing management operator was selected by the plaintiff for the management of the apartment of this case.
E. Although Nonparty Union requested the Plaintiff to succeed to the instant consignment management contract several times, the Plaintiff rejected it, and thereafter Nonparty Union completed the registration of completion of liquidation on April 15, 2008 after the registration of dissolution was completed on February 13, 2008, and on April 24, 2008, the Plaintiff deposited the contract related to the instant consignment management contract with the Plaintiff as the depositee, and the deposit passbook of the community credit cooperative’s deposit passbook, etc. deposited to the Plaintiff as the water No. 4 in Seoul Central District Court in 2008.
[Reasons for Recognition] There is no dispute.