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(영문) 서울북부지방법원 2015.10.22 2014가합25393
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 10, 201, the Defendant concluded a rebuilding construction contract (hereinafter referred to as the “instant construction contract”) with the owner of the Drain House located in Dongdaemun-gu Seoul Metropolitan Government (including the Plaintiff) and the owner of the building on the land located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as “instant land”) to remove the existing Drain Complex Building on the land located in Dongdaemun-gu Seoul Metropolitan Government C large 717.6m2 (hereinafter referred to as “the instant land”). On the other hand, the Defendant agreed to obtain the ownership of the general officetel and the urban residential housing, excluding the ownership of the apartment unit 12 units among the main multi-use apartment, and the ownership of the apartment unit as a substitute.

B. The main contents of the instant construction contract related to the instant case are as follows.

D. The president of the Drebuilding Promotion Committee, the president of the E, the plaintiff general secretary, the auditor F (hereinafter referred to as the "A") and the defendant (hereinafter referred to as the "Defendant B") shall prepare two copies of this contract to agree with each other on the following special terms and conditions of the construction contract and affix their names and seals to each other in order to verify them to determine matters necessary for the Drebuilding Project:

Article 5 (Principles of Project Implementation) (1) A shall implement this reconstruction project, and Gap's members shall purchase shares in lots specified in Article 7.

(2) Eul shall undertake to undertake this reconstruction project and shall receive, in compensation, the construction costs with the general proceeds specified in Article 6.

Article 15 (Lending and Repayment of Funds) (1) A shall lend funds falling under any of the following subparagraphs, which are necessary for the implementation of a project, to Gap or its members, and shall be repaid from Gap or its members:

Article 16 (Lease of Relocation Expenses) (1) The basic relocation expenses to be lent to a partner A shall be received by the member A, in the contents of Article 15 (1) 1.

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