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(영문) 서울북부지방법원 2021.01.19 2019나40209
건물명도(인도)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or found in Gap evidence No. 1, No. 2-1 to 6, and Eul evidence No. 5 by integrating the whole purport of the pleadings.

(a) Conclusion of a joint project 1) The Seoul Dongdaemun-gu Seoul Metropolitan Government Land and D Land were on each ground;

E In order to remove the existing buildings around 2005 and construct the main complex building on the 3rd floor and the 13th floor above the ground (hereinafter referred to as the “main complex building of this case”), the owners of the units of the E houses established E reconstruction Association (hereinafter referred to as the “Association of this case”).

2) On December 19, 2005, the Plaintiff entered into a joint project implementation agreement with the instant cooperative on the construction of a new complex building on the instant state (hereinafter “instant joint project implementation agreement”) (the main contents of the instant joint project implementation agreement are as follows.

Public mission: (A) Joint implementer of E-building Construction Work: (tentative name: hereinafter referred to as “A”: Joint implementer of E-building Association (hereinafter referred to as “the instant association”): Business size under Article 2 (1) of A (hereinafter referred to as “Plaintiff”) (the outline of the instant association”) (the size of the area may be increased or decreased at the time of granting a building permit): Total floor area: 7,737.45 square meters (2,340.57 square meters). (2) Number of floors: 3rd and upper floors: 13rd and upper floors; 13rd and upper floors; 13rd and upper floors; 5 (Principle of Joint Implementation) Building; 1); The instant association shall secure necessary sites; handle civil petitions arising from the relocation of its members; and support for relocation and implementation of the instant project; and the Plaintiff shall actively cooperate with the instant association.

2) The method of carrying out the joint project is as follows: (a) the instant association has offered the land of the instant association under Article 2; and (b) the Plaintiff has promoted the implementation of the project.

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