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(영문) 의정부지방법원고양지원 2020.02.27 2019가단74207
건물명도(인도)
Text

1. The Defendants are to the Plaintiff:

(a) deliver the buildings listed in the separate sheet;

B. Jointly, from December 3, 2018 to October 2019.

Reasons

1. Basic facts

A. The 18-generation residents of the Seoul Special Metropolitan City, Nowon-gu, and H ground I buildings, including the Plaintiff, constituted a J reconstruction project group (hereinafter “instant reconstruction project group”), and concluded a reconstruction project construction agreement with Nonparty K Co., Ltd. (hereinafter “L”) around March 2016 to reconstruct the 18-household units of the existing I building into 35 households (M).

The representative of L at the time was N, but the actual operator was the auditor and N's father.

On June 30, 2017, P actually operated L until P was appointed as a representative director.

B. Around August 2016, some of the original residents of the IO building did not want to participate in the redevelopment project. The Plaintiff and the Plaintiff’s husband Q purchased two households from among the households that did not want to participate under the O’s recommendation in the Plaintiff’s name, thereby participating in the said reconstruction project.

In addition, the defendant joining the defendant also requested investment of KRW 500,000,000,00,000, which does not want to participate in the reconstruction project, to repay the amount of KRW 700,000,00,00, including earnings after one year. The defendant joining the defendant also purchased the above R and S, thereby participating in the reconstruction project.

C. L on August 5, 2016, to the Intervenor joining the Defendant, “2. L, as to the five households of reconstruction buildings (35 households), among the general subdivisions, deliver the keys to the Intervenor joining the Defendant, and occupied and managed it.

(On the other hand, five households out of the general allotment of the reconstruction building as soon as the completion thereof are designated by the Defendant joining the Defendant at the same time, and possession is the exclusive possession, and possession is the time the agreed amount is received from L). 3. The payment date of the said rebuilding building should be from L until August 4, 2017.

The letter of performance (hereinafter “instant letter of performance”) was prepared and delivered, and theO jointly and severally guaranteed the above L’s obligations. D. On February 8, 2018, L is related to T and U reconstruction projects performed by L to the Intervenor joining the Defendant.

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