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(영문) 대전지방법원 2011.05.19 2010가단40694 (1)
건물명도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) The F-building housing association (hereinafter “F-building housing association”) is an association established to reconstruct a main multi-family apartment on the ground of 3305m2 in Jung-gu Daejeon-gu, Daejeon-gu, Daejeon-gu.

(2) On December 16, 2003, the non-party partnership entered into a reconstruction project implementation and construction contract with H Co., Ltd. (hereinafter “H”) and H commenced construction around October 2004, but discontinued construction work on April 2006 due to the lack of construction capacity and funds.

(3) On October 31, 2006, the non-party association again contracted the above reconstruction work to the non-party I Co., Ltd. (hereinafter "I") and the defendant Co., Ltd. (Appointed Party E Co., Ltd. (hereinafter "Defendant Co. (hereinafter "Defendant Co., Ltd.") (the name of J Co., Ltd.), and on October 16, 2006, the non-party association (A), I, and the defendant Co., Ltd, and H (H) entered into an agreement containing the following contents in relation to the above construction work:

(B) No. 1. (No. 1. of the Framework Agreement) The payment of the cost of construction shall be made within 15 days after the completion of the 11. (1. of the Framework Agreement, and at the time of delay for not less than one month, all members shall not be admitted to the Agreement, and “B” shall be submitted to “B” with the consent of all members so that “B” may directly lease, submit bank security,

16. “B” has the authority and duties at the site after the construction contract is transferred from “A” to “B” at the same time, and all the authorities on property and lien in respect of the site where the construction cost is entirely collected after completion and the construction cost is entirely collected at the site.

( out of the matters of special agreement)

2. After completion, “A” transfers the ownership of a commercial building (including underground 1, 2, and 1, 2, and 3 floors, and remaining apartment units) with the exception of 35 apartment units, to “B” as soon as possible, and simultaneously at the same time pays the balance of construction costs of “B” by banking operations.

except that;

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