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(영문) 창원지방법원통영지원 2017.09.07 2016가합11543
건물명도 등
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1. The counterclaim by the promotion committee of the regional housing association A shall be dismissed;

2. The defendant corporation.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of the comprehensive construction business and real estate development business. Defendant A’s regional housing association promotion committee (hereinafter “Defendant A’s promotion committee”) is the implementer of the construction business of the local housing association (hereinafter “A’s housing business”) in the B Day-Si, Gyeong-nam, Do, and Defendant ELa Co., Ltd. (hereinafter “Defendant EL”) is the agent of the A’s housing business.

B. On May 7, 2015, the Plaintiff’s construction of a land lease or a temporary building leased the land indicated in [Attachment List 1 and 2 (hereinafter “instant land”) from C by setting the lease deposit of KRW 60 million, monthly rent of KRW 13 million, and from May 7, 2015 to May 7, 2017. The Plaintiff constructed a temporary building listed in [Attachment List 3 (hereinafter “instant temporary building”) on the instant land.

C. On May 4, 2016, the Plaintiff and the Defendants entered into a contract for the use of the instant land and temporary buildings between the Plaintiff and the Defendants, including the conclusion of a contract for the use of the instant temporary building, and Defendant LA, respectively, entered into a written agreement with the following contents on May 4, 2016, and Defendant LA, Defendant LA paid to the Plaintiff the deposit amount of KRW 30 million and the amount of KRW 2 months. Accordingly, the Plaintiff, as the principal agent of the AA Housing Project, delivered the instant land and temporary building to Defendant LA, a party to the said agreement, the Defendant Promotion Committee and the said agreement, a proxy company, to the Plaintiff (hereinafter referred to as “A”).

Defendant 1 and Defendant ELA (hereinafter referred to as “B”)

In relation to Gap's D Regional Housing Association's project implementation, the following agreements shall be entered into with respect to the utilization of sample houses on the E and F ground in the city of Gyeong-nam, Gyeong-si:

1. Objects: E-, and F temporary buildings in the south of Korea;

2. A and B shall be outside the Gyeong-si B, Gyeong-nam.

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