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(영문) 서울중앙지방법원 2014.12.24 2013가단5156374
건물명도
Text

1. The defendant shall deliver to the plaintiff the buildings listed in the attached real estate list.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. The Defendant was the owner of the Category A, B, and C on the ground of Gangnam-gu Seoul Metropolitan Government and C (hereinafter “instant land”) and the second and second floors of the Drain Building (hereinafter “instant destroyed building”) comprised of 12 households in total.

The Plaintiff is the implementer of the instant reconstruction project (hereinafter referred to as the “instant reconstruction project”) that removes the instant destroyed building and constructs a main complex building with the third and sixth underground floors above the instant land (a building stated in the list of real estate properties is part of the building; hereinafter referred to as “instant reconstruction building”).

B. On November 14, 2002, the sectional owners of the instant destroyed building made an agreement to remove the destroyed building of this case and to newly construct the instant reconstructed building on the land of this case, and then applied for a building permit for a reconstruction project to the competent authority.

On the other hand, the above sectional owners were the Plaintiff to be responsible for the reconstruction project of this case, and the project was concluded with the sectional owners who want to re-enter the building of this case, and the sectional owners who do not want to re-enter the building of this case would purchase shares in the land of this case and the sectional ownership of the destroyed building of this case.

C. Accordingly, on March 2003, some sectional owners, including the Defendant, concluded the same-minded agreement with the Plaintiff individually, and the remaining sectional owners sold their shares in the instant land and the sectional ownership of the destroyed building to the Plaintiff.

After that, the Plaintiff selected friendly Construction Co., Ltd. as a contractor for the reconstruction project of this case (hereinafter referred to as the “Preferential Construction”), and entered into a re-contribute agreement with the Defendant, etc. individually (hereinafter referred to as the “contribute agreement”). Around July 2005, the Plaintiff entered into a re-contribute agreement with the Defendant, etc. as a contracting party

At the time, the Plaintiff allocated 604 units of the reconstruction building of this case to the Plaintiff A.

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