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(영문) 서울서부지방법원 2018.12.19 2017가단212005
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Facts of recognition;

A. 1) On July 22, 2000, the Plaintiff is a reconstruction association established to remove existing apartment houses on the land outside Yongsan-gu Seoul Metropolitan Government and build a new main complex building (hereinafter “instant reconstruction project”) under the former Housing Construction Promotion Act. Article 5 of the Plaintiff’s articles of association (Rules of Association) provides that the Plaintiff’s association shall complete the registration of incorporation on July 31, 2003 pursuant to Article 10(1) of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Act No. 6852 of December 30, 2002). Article 5 of the Plaintiff’s articles of association (Rules of Association) provides that the Plaintiff shall invest in land and building in kind; (1) the Plaintiff shall select a housing construction businessman who is to become a joint project proprietor under the former Housing Construction Promotion Act and build a housing (including incidental welfare facilities such as commercial buildings); and (2) conclude an agreement with the Plaintiff as to the use and disposal of the land and housing expenses, construction cost, construction period, defect repair liability, etc.

B. On January 14, 2002, the Plaintiff entered into a joint project agreement (hereinafter “instant joint project agreement”) with a lender Construction Co., Ltd. (hereinafter “Largeju Construction”) with respect to the instant reconstruction project, including the following:

The following joint project undertakers and the defendant, in order to jointly determine matters necessary for a Audio-a rebuilding project, shall prepare two copies of this contract as agreed between the following and the following separate contract terms, and shall keep one copy of each contract by the plaintiff and the defendant, respectively:

A. L. L. L.I.

1. Project name: D Project Corporation;

7. The Plaintiff and the Defendant observe the relevant statutes and regulations of the Building Act, the Housing Construction Promotion Act, the Enforcement Rule of the same Act, the regulations on housing construction standards, etc., the Rules on Housing Supply, the Multi-Unit Residential Building Act, etc.

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