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(영문) 수원지방법원 2015.04.30 2012가단100971
건물인도
Text

1. Of the real estate listed in the separate sheet, the Defendant indicated in the attached sheet to the Plaintiff as indicated in the attached sheet, and indicated in the attached sheet Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13.

Reasons

1. Facts of recognition;

A. At the time of filing the instant lawsuit, the Plaintiff was named “H” but was changed to “C” on May 23, 2013.

(hereinafter “the apartment of this case”) is the owner of 4301 Dong 804.

B. On November 10, 201, the Yongsan Urban Corporation, the business entity of the instant apartment, entered into a contract on the management of the instant apartment with the Shin Jae-do Co., Ltd. (the changed trade name: the new system business entity; hereinafter referred to as the “new system business entity”), and the head of the management office of the instant apartment that was appointed by the new Da-do Governor, entered into a contract on the management of the instant apartment. On December 31, 201, the part of the order of Paragraph (1) (hereinafter referred to as the “instant part of childcare facilities”), which is the common use area of the instant apartment, was selected as the operator by the Defendant, participating in the public announcement of the designation of the operator of childcare facilities.

C. On January 17, 2012, the Defendant entered into a lease agreement with the aforementioned D, setting the lease term of the instant childcare facility from January 13, 2012 to January 12, 2015 (three years), deposit of KRW 20,000,000, monthly rent of KRW 1,000 (hereinafter “instant lease agreement”), and operates a childcare center with the trade name “E Child Care Center” in the instant part.

On July 4, 2012, the representative of the council of occupants' representatives of the apartment of this case (hereinafter referred to as the "council of occupants' representatives of this case") and the head of the management office G who has placed industrial development for the instant apartment management company selected by the council of occupants' representatives of this case requested the Defendant to pay donations for the occupants of the instant apartment on July 4, 2012. The Defendant did not comply with this request. The council of occupants' representatives of this case held a special meeting on July 18, 2012 and agreed on the change of the contract body to the Defendant by the council of occupants' representatives, but the agreement was not smoothly reached, and the Defendant did not change the contract body.

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