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(영문) 울산지방법원 2013.02.20 2012가단7327

부동산인도 등

Text

1. The defendant shall deliver to the plaintiff the real estate listed in the separate sheet No. 1 and the motor vehicle listed in the separate sheet No. 2, respectively.

2...

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of manufacturing and selling motor vehicles, and the defendant is the plaintiff company's branch of the Korean Metal Trade Union composed of the plaintiff company's employees.

B. Article 11 of the collective agreement concluded between the Plaintiff and the Defendant (hereinafter “instant collective agreement”) provides for the following:

Article 11 (Use of Facilities of Company)

1. The company shall, upon the request of the partnership, provide buildings or part of the buildings suitable for the office of the partnership as an exclusive office for the partnership, recognize the use of facilities, fixtures and fixtures necessary for the partnership activities, and bear the expenses for the management and maintenance of the partnership offices

2. The Company shall provide to the maximum extent possible convenience when the Union requests the use of meetings, education, facilities and places for events, and vehicles.

3. If the representatives of each company request a meeting place for smooth cooperative activities, the company shall provide a separate exclusive meeting room within a necessary period.

7. The company using the facilities of the company shall provide the office of the maintenance headquarters on the second floor of the separate section of item (g) with the original effect, and shall provide the management and maintenance expenses, one vehicle, other facilities, fixtures, office fixtures, etc. after consultation.

C. Meanwhile, on November 8, 1999, paragraph 7 of the agreement entered into between the Plaintiff and the Hyundai Motor Union Maintenance Headquarters, the Defendant’s telegraphic body, stipulates as follows.

In addition, on March 17, 2004, the Plaintiff opened a labor-management council with the Defendant’s Hyundai Motor Trade Union, the telegraph of the Defendant, and agreed to “an additional payment for each of the business vehicles (five vehicles) to the Defendant.”

E. After that, the Plaintiff leased the real estate listed in the separate sheet No. 1 (hereinafter “instant house”) from a third party for the purpose of the Defendant’s accommodation between the Plaintiff’s associations, and offered it to the Defendant free of charge. Moreover, for the convenience of the Defendant’s association activities, the motor vehicle listed in the separate sheet No. 2, which is owned by the Plaintiff (hereinafter “instant