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(영문) 전주지방법원 2017.05.31 2016가합1136
건물명도
Text

1. The defendant (Counterclaim plaintiff) A corporation is located in the same location as the placement (location) drawings of the attached Form to the plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. On January 6, 2014, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into the instant construction contract (hereinafter “instant construction contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), the representative director of which is Defendant B, with approximately 14,612.87m2 of the construction area of the previous week, from January 13, 2014 to August 20, 2015; the construction cost of KRW 16,723,00,000 (the construction cost of the instant building was adjusted to KRW 16,361,410,000) prior to the previous week with the construction cost of KRW 16,361,410,00 (the construction cost of the instant building after this change, etc. was adjusted to KRW 16,361,410,00). The first and second floors of the instant building are commercial parts, and the third and upper floors are the construction cost of the instant building (hereinafter “instant construction contract”).

B. The Defendant Company commenced January 31, 2014 under the instant construction contract and completed the instant construction work on August 12, 2015, and on August 20, 2015, on each of the instant commercial buildings, the registration of ownership preservation was completed under the Plaintiff’s name on August 20, 2015.

C. On June 9, 2015, the Plaintiff paid the fees of KRW 123,300 per month to the general housing management for the general housing management for a limited company and entered into a contract for the management of multi-family housing and the entrustment of the instant building to which the management of the instant building was entrusted.

Accordingly, on August 25, 2015, the comprehensive national housing management for a limited liability company was concluded with G to the effect that G worked as a manager in the instant building from the same day, and that G was paid monthly wages of KRW 1,300,000. The said G served as a manager for the management of the instant building from that time.

On March 17, 2016, H, who is an employee of the Defendant Company, shall enter each of the instant commercial buildings in compliance with the direction of Defendant B, shall remove the banner, “on the street” attached by the Plaintiff on the surface of a glass wall outside the building, and shall display the banner, “on the street, during the right of retention,” and enter the entrance (including underground and on the ground) for access to the said building.

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