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(영문) 서울고등법원 2018.12.20 2016나2085102
건물인도
Text

1. Of the judgment of the court of first instance, the part concerning Defendant V is revoked, and the Plaintiff’s claim corresponding to the revoked part is filed.

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.

On July 2010, the non-party association entered into a construction contract with the supplementary intervenor AJ Co., Ltd. (hereinafter “the supplementary intervenor”) and the non-party association to which the supplementary intervenor performed the removal of the existing building and the new construction of the apartment and its appurtenant facilities on the land provided by the non-party association, and that the construction project cost would be allocated to the members’ liquidation money 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.

(hereinafter referred to as “the apartment of this case”). The apartment of this case is composed of 20 square meters and 20 square meters and 30 square meters and 38 square meters and 58 households. The whole of 20 square meters and 20 square meters and 30 square meters and 8 square meters are the non-party partnership's share, and the rest of 30 square meters and 30 households are the general share to be appropriated for the construction cost of the supplementary intervenor.

C. On April 9, 2012, the non-party union and its assistant intervenor obtained permission to use the apartment of this case from the head of Nowon-gu in Seoul Special Metropolitan City prior to the completion authorization, and around that time, the apartment of this case was delivered to the non-party union members or the assistant intervenor's employees were permanently stationed and managed

The creditor of the non-party partnership filed an application for a compulsory auction on July 24, 2012 for the non-party partnership's share in the ownership of the apartment of this case, including the real estate listed in attached Table 1 (hereinafter referred to as "the real estate of this case", and the house room of this case is specified as the number of houses), and for a compulsory auction on three of the apartment of this case (30 non-party partnership's share in general sale).

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