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(영문) 의정부지방법원 2015.08.19 2014가단114442
건물명도
Text

1. The defendant is written to the plaintiffs as "the plaintiff", but it is a clerical error.

Reasons

1. Basic facts

A. On September 5, 1997, Plaintiff Howon Urban Development Co., Ltd and Dongdong Construction Industry Co., Ltd concluded a contract with the Government-si on the use of the common road (or virtual road). The main contents are as follows.

1) All facilities shall be owned by the Speaker. The management authority shall be the Plaintiff Howon Urban Development Co., Ltd., the manager, and the Dong Asia Construction Industry Co., Ltd., the Plaintiff Howon Urban Development Co., Ltd., and the Dong Asia Construction Industry Co., Ltd., the manager, shall be fully in charge of normal management in order to ensure citizens’ passage and to perform evacuation functions in a similar case.

3) The Plaintiff Special Metropolitan City Development Co., Ltd. and the Dong Building Industry Co., Ltd., a manager, may collect every month management expenses, such as public charges, public facilities maintenance and management, personnel expenses, various machinery rooms, commercial buildings, and other maintenance and management expenses, which are directly required for the management and operation of underground shops. 4) The period of free use of underground streets shall be from May 6, 1996 to May 5, 2016.

B. The Plaintiff Howon Urban Development Co., Ltd and Dong Construction Industry Co., Ltd. entered into a contract for occupation and use (hereinafter “instant contract for occupation and use”) with respect to the amount of contract of KRW 35,415,00 with respect to the volume of KRW 26.03 square meters in the attached Form Nos. 1, 2, 3, 4, and 1, among the two underground floors of buildings listed in the attached Table D and the attached Table Nos. 1, 2, 3, 4, and 1, which correspond to the part (a) in the ship (hereinafter “instant store”). The main contents are as follows.

1) Plaintiff Howon Urban Development Co., Ltd. and Dongdong Construction Industry Co., Ltd. may rescind this contract when D violated Eul’s obligations under this contract (Article 3(1)2). In the event that the instant contract is rescinded on the grounds of the foregoing paragraph, the amount equivalent to 10% of the total sales amount out of the down payment already paid by D shall be made to Plaintiff Howon Urban Development Co., Ltd. and Dongdong Construction Industry Co., Ltd.

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