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(영문) 서울중앙지방법원 2014.06.19 2012가합526558
건물인도
Text

1. The defendant is paid KRW 266,570,633 from the plaintiff, and at the same time, is underground in the building listed in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. C Housing Redevelopment Partnership and the Defendant: (a) Entrusted Management Contract 1); (b) Housing Redevelopment Partnership (hereinafter “Inward Partnership”)

) The Seongbuk-gu Seoul Metropolitan Government D apartment (hereinafter referred to as the “instant apartment”) of 28 units in size.

(2) On September 16, 2004, the time when the new construction of the apartment of this case was completed, the non-party association entered into an entrustment contract with the Defendant on the part of 1,328.78 square meters of underground floors and 958.90 square meters of underground floors (hereinafter “instant underground floors 1 and 2”) of the building indicated in the attached Table, which is a resident sports facility among the common areas of the co-owner of the instant apartment of this case. The non-party association entered into an entrustment contract with the Defendant on the part of 1,328.78 square meters of underground floors and 958.90 square meters of underground floors (hereinafter “the instant entrusted contract”). The main contents are as follows.

Article 2 (Facilities Investment Part) (1) The time when the entrusted property is transferred shall be the first day of the contract period, and two copies of the list of the transferred property and the list of the invested parts shall be separately prepared and sealed, and the non-party union and the defendant shall keep one copy of the contract, and the defendant shall, upon the termination of the contract, pay for the property

② In principle, the defendant shall return to the original state other than the above paragraph (1).

(3) The total amount of facility investment shall be determined as one billion won, and the user fee shall be calculated as one billion won compared to the depreciation costs of 7 years in the amount of one billion won, and the deposit amount shall be determined as nine million won per month.

Article 9 (Tax and Public Charges) (1) Even if the defendant's business is imposed on the subject matter of entrusted management in the name of the non-party partnership, the defendant shall pay the whole amount.

(2) In order to resolve the problem under paragraph (1) above, the non-party cooperative shall install separate measuring instruments for water supply and sewerage systems, electricity, gas, other water, etc.

Article 13 (Right to Request Renewal of Period)

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