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(영문) 서울북부지방법원 2016.06.29 2014가합6965
건물명도
Text

1. As to the Plaintiff KRW 147,201,040 and KRW 78,000 among them, the Defendant shall pay to the Plaintiff KRW 50,650,000 from December 26, 2008.

Reasons

1. Basic facts

A. The Plaintiff’s establishment and improvement project 1) The Plaintiff removed the housing units, etc. of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and built new housing units, etc. on the site of the removed housing units (hereinafter “instant improvement project”); and the said project zone is “instant project zone.”

(2) On August 19, 2004, the Plaintiff established a management and disposition plan by holding an extraordinary general meeting on November 20, 2004 after obtaining authorization from the head of Dongdaemun-gu on August 20, 2002 for the establishment of a new building on August 14, 2007 and obtaining authorization from the head of Dongdaemun-gu on January 7, 2005.

3) The Plaintiff passed a resolution to dissolve at the general meeting of November 26, 2014, and completed the dissolution and the registration of the representative liquidator on January 13, 2015. B. The Plaintiff concluding a loan agreement between the Plaintiff and E Company and F is the E Company (hereinafter “E”) around September 2003.

2) The F.C. F. (hereinafter “F.”);

B) In relation to the instant rearrangement project, the F Bank entered into a loan agreement with the purport that the F Bank may lend the Plaintiff’s collective housing funds, such as moving expenses, to the Plaintiff’s union members. Accordingly, the F Bank extended the Plaintiff’s moving expenses (Article 1), and the Plaintiff and E jointly and severally guaranteed the Plaintiff’s moving expenses (Article 7). C. A loan agreement was entered into on October 13, 2003 with respect to the shares in Dongdaemun-gu Seoul Metropolitan Government 38,026.1m2, 34.65/38026.1m2 and the above ground G apartment H H, located within the instant project area, and on October 13, 2003, the I concluded a monetary loan agreement with the following contents.

Article 1 (Contents of Borrowing and Lending Money)

1. The business promotion expenses that A (E) lends to B (I) and that are lent to C (Plaintiffs) in the name of the member;

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