(영문) 서울고등법원 2019.02.12 2018나2024910

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2019.02.12 2018나2024910

건물명도등

Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiffs falling under the cancellation part of Paragraph 1.

Reasons

Basic Facts

The MM reconstruction Project Association (hereinafter referred to as the “instant partnership”) promoted a new business (hereinafter referred to as the “new business”) that newly constructs a commercial building (hereinafter referred to as Qu) in the name of “the instant commercial building”) on the said site by implementing the “M reconstruction project” on the ground and underground of 4144.3 square meters in Seoul, Jung-gu Pbu-gu, Seoul, Seoul, where the N market and O market site were located.

On September 12, 2002, R Co., Ltd. (hereinafter “R”) entered into an overall enforcement contract with R to acquire and sell the right of lease of the commercial building of this case. The main contents thereof are as follows.

Article 6 (Scope, etc. of Vicarious Execution) (1) Pursuant to Article 5(2) of the Articles of Incorporation of the Association, a company shall perform the following duties under delegation of all duties related to a reconstruction project from the association:

10. All the business affairs related to the relocation of the shop owner or the existing lessee; 12. The business affairs related to the sale, etc. of a new building; 13. The business affairs related to the formulation and implementation of a plan for advertisement and publicity necessary to revitalize the commercial buildings of the new building;

Article 7 (Responsibilities and Obligations of Companies) (1) Companies shall raise funds, etc. required for the smooth promotion of their duties as referred to in Article 6(1) to ensure the promotion of projects, and shall ensure that the unions:

4. Raising of funds necessary for implementing projects;

6. Resolution of problems related to existing lessees;

7. Lease and sale by units. (2) No company may, in the course of performing its duties set forth in Article 6 (1), demand an association to bear any additional burden other than rental deposit, which is appropriated for the commercial construction cost of new commercial buildings.

Provided, That the change of the construction cost shall be made.

유사 판례

-서울중앙지방법원 2018.04.12 2017가합531074

-서울고등법원 2019.09.05 2018나2025067

-서울중앙지방법원 2017.06.14 2016가합546406

-서울중앙지방법원 2019.07.25 2018가합515826

-서울중앙지방법원 2019.07.25 2017가합575630