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(영문) 서울고등법원 2020.01.15 2019나2037579
건물인도
Text

1. The plaintiff's appeal is dismissed.

2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. AH re-building maintenance project partnership (hereinafter “non-party partnership”) is a reconstruction maintenance project partnership established on February 7, 2003 in order to promote three re-building projects of 13 parcels of land AH-type housing and 13 parcels of land, Nowon-gu, Seoul Special Metropolitan City.

Around July 2010, the non-party association entered into a construction contract with the supplementary intervenor (hereinafter “the supplementary intervenor”) on the land provided by the non-party association, that the supplementary intervenor (hereinafter “the supplementary intervenor”) implements the removal of the existing building, the new construction of apartment and auxiliary welfare facilities, and that the construction project cost would cover the liquidation money of the association members and the sale price for the general sale portion (hereinafter “the instant construction contract”).

B. Around March 2011, an assistant intervenor completed the new construction of an apartment in accordance with the instant construction contract.

(New Building is an apartment recorded in the “mark of one building” column in the attached list of real estate (hereinafter “instant apartment”).

On April 9, 2012, the non-party union and its assistant intervenor obtained prior permission to use the apartment of this case from the head of Nowon-gu in Seoul Special Metropolitan City.

From the above time, the Intervenor had the assistant intervenor’s employee Z permanently reside in the apartment of this case, and had 33 households including real estate (the apartment BC of this case, hereinafter “BC”) listed in the attached Table and managed them.

The Intervenor leased BC to the Defendant on July 11, 2012, and accordingly, the Defendant occupied it from July 17, 2012.

The creditor AK of the non-party partnership applied for a compulsory auction against some of the apartment units of this case including BC and applied for a compulsory auction on July 24, 2012, the Seoul Northern District Court AL of Seoul Northern District Court, hereinafter referred to as the "the auction procedure of this case".

was received.

On November 18, 2012, the original copy of the above decision was served on the non-party partnership. On December 7, 2012, the non-party partnership was commissioned to the above apartment households.

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