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(영문) 서울고등법원 2012.12.06 2011나85583
건물인도
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3. An objection to the trial.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 through 8, 10, 24 through 31, 35, 37, 38, 41, 44, and 45 of the evidence No. 9 (including each number; hereinafter the same shall apply) and the overall purport of the pleading No. 9.

The non-party J District Housing Redevelopment Association (hereinafter referred to as the "non-party J District Housing Redevelopment Association") was implementing a housing redevelopment project that constructs 28 I apartment houses in Seongbuk-gu Seoul, Seongbuk-gu, Seoul (hereinafter referred to as the "the apartment of this case").

B. On September 16, 2004, the time when the new construction of the instant apartment was completed, the non-party association entered into a contract with Defendant C for the entrusted operation and management of the sports center (hereinafter “instant entrusted management contract”) with respect to the portion of 1,328.78 square meters of the 201-dong underground floor and the 2nd underground floor among the common areas of the owners of the instant apartment buildings (hereinafter “instant underground 1,208 square meters”), which is a resident sports facility, one hundred million won, monthly user fee, and the period of entrustment from May 1, 2005 to April 30, 2012. The main contents are as follows.

Article 2 (Facilities Investment Part) (1) The time when the entrusted property is transferred shall be within the starting date of the contract period, and two copies shall be separately prepared, signed and sealed, and the non-party union and the defendant C shall keep one copy after signing and sealing, and the defendant C shall, upon the termination of the contract, pay the property in arrears in the presence of the non-party union in accordance with the list.

② In principle, Defendant C 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 15 (Grant of Benefits to Residents) ① Granting 20% discount benefits for the use of this sports facilities: Provided, That it is limited to the occupants of the apartment of this case.

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