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(영문) 서울동부지방법원 2019.08.22 2017가단112462
토지인도
Text

1. The Plaintiff:

A. As from April 1, 2017, Defendant B: (a) 10,781,520 won and its related thereto:

B. Defendant C is 43,450 won and 43.

Reasons

1. Basic facts

A. The Plaintiff is an incorporated association established for the purpose of running the Korean Domininess business and the public welfare business.

B. On May 7, 1990, E, a director with the Plaintiff’s power of representation, entered into an agreement with F to guarantee the right to permanent management and the right to use each real estate listed in the attached Table (hereinafter “each real estate of this case”) and to manage, repair, rebuild, develop, and use each of the real estate of this case (hereinafter “management agreement”).

C. The Plaintiff filed a lawsuit against F against F to deliver each of the instant real estate, etc. as Seoul Central District Court 2006Gahap67300, and the above court rendered a favorable judgment against F, on July 10, 2007, on the ground that “The management agreement is valid between the Plaintiff and F parties, but since the management agreement was lawfully terminated by the Plaintiff’s declaration of termination on January 24, 2005, the F is obligated to return the profits equivalent to the rent that the Plaintiff acquired by occupying and using each of the instant real estate without any legal cause from January 25, 2005, the day following the termination of the management agreement, to April 30, 207, which was sought by the Plaintiff, from January 25, 2005 to April 30, 2007.” The two parties appealed to Seoul High Court 2007Na102499, but the F was dismissed on September 2, 2008, but the appeal was dismissed as the Supreme Court Decision 2008Da63737.29.

Attached Form

목록 기재 도면 중 순번 35, 11, 122~127, 41, 128~133, 52~54, 137~143, 42, 144~148, 12, 33~35의 각 점을 순차로 연결한 부분(ㄱ, ㄹ, ㅋ 부분이다)과 순번 86~90, 98, 151, 91, 150, 149, 86의 각 점을 순차로 연결한 부분(ㅎ, ㅍ 부분이다)은 현재 도로로 사용되고 있고{(가)부분이다. 이하 ‘이 사건 도로’라 한다}, 피고 C, D도 이 사건 도로를 이용하고 있다.

Attached Form

Of the drawings in the list, Nos. 27, 152-157, 16, 47.

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