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(영문) 서울중앙지방법원 2021.01.13 2019가단5080745
건물명도(인도)
Text

A. Defendant E is 5% per annum from October 14, 2020 to January 13, 2021 to Plaintiff A, as well as from KRW 8,49,99,99, and as to this.

Reasons

1. Facts of recognition;

A. 1) An I market reconstruction project association of the I market reconstruction project and J market lease 1) an I market reconstruction project association (hereinafter “the association of this case”) implemented a project to newly build “J” commercial buildings (hereinafter “the instant commercial building”) in the area of 4,144.3 square meters in the Gu K market and Jung-gu Seoul Metropolitan City, a site for L market.

2) The Plaintiffs are members of the instant trade association, and Plaintiff A is the owners of the first floor N, Plaintiff B’s second floor O, Plaintiff C’s third floor P, and Plaintiff D’s fifth floor Q Q shop, who completed the registration of ownership transfer.

3) The instant association and the Plaintiffs, its members, concluded a mutual savings agreement with R Co., Ltd. (hereinafter “R”) that is a general executor to perform all affairs related to the instant commercial building reconstruction project upon delegation, with respect to the new construction of the instant commercial building and the sale of the right of lease as follows.

Article 1 (Sharing of Business Expenses) (1) The instant association is obligated to supply the Plaintiffs with water for the purpose of sale in lots (each of the separate stores), and the Plaintiffs are obligated to pay to the instant association the charges allocated to each of the separate commercial buildings for the purpose of sale in lots supplied by the instant association.

② The Plaintiffs agree to establish a right to lease an object supplied for sale in a R, and that the R shall transfer the right to lease in a third party or establish a security to a third party, and the said right to lease shall be appropriated for the charges under the preceding paragraph as the security deposit for the object of sale in a unit.

③ The Plaintiffs shall lease water for the purpose of sale in lots to the R as determined by the consultation with the instant union, and the R shall dispose of the right to lease the water for sale in lots, such as sale of the right to lease, thereby appropriating the Plaintiffs’ contributions and the J reconstruction project cost.

Article 5 (Conditions for Lease of J-Divided Commercial Building) (1) The plaintiffs shall ensure that the period of lease of the object of sale for the above-mentioned commercial building, which is the J-divided commercial building, is ten years.

4) The Plaintiffs are above.

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