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(영문) 수원지방법원안산지원 2017.11.09 2015가합23182
토지인도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The defendant (Counterclaim Plaintiff Co., Ltd.) A is listed in the attached Table 1 list 1 through 8.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a local government, and the Defendants are companies with the purpose of managing the parking lot.

B. (1) The Plaintiff and Defendant A shall enter into an entrusted management contract of a parking lot on December 2004 with the land listed in the annexed Table 1 through 8; the part (a) connected in sequence 1, 2, 3, 4, and 1 among the land listed in the annexed Table 1’s list of real estate; the part (b) connected in sequence 5, 6, 7, 8, and 5 with the same drawings; the part (c) connected in sequence 9, 10, 11, 12, and 9 of the same drawings; the part (d) connected in sequence 13, 14, 15, 16, and 13 of the same drawings; the part (d) connected in sequence 17, 18, 19, 20, 17; the part (e) connected in sequence with the land indicated in the annexed Table 9’s list; and the part (b) connected in sequence 21, 2231, 241, 314(f).

(2) In the instant case, Defendant A installed and operated a parking lot, including each facility listed in the attached Table 4 list, and collected parking fees from the users of the first parking lot in the instant case while operating the parking lot, and the Plaintiff is an entrusted management contract under which Defendant A is to receive monthly commission fees from the users of the first parking lot. (hereinafter “instant entrusted management contract”).

2) On January 2, 2005, the Plaintiff and Defendant B (i) connected each other with the attached Form 1, 2, 3, 4, and 1 in sequence among the land listed in the attached Table 5’s real estate list, and (ii) connected each other with the attached Form 1, 2, 3, and 1 among the land listed in the attached Table 3 in the same real estate list, and (iii) part (i) connected each other in sequence 1, 2, 3, and 1 of the attached Map 7 among the land listed in the same real estate list in the same real estate list (hereinafter “instant parking lot 2”), collected parking fees from the users of the instant parking lot 2 while installing and operating the parking lot, such as each facility listed in the attached Table 8’s list.

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