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(영문) 서울북부지방법원 2020.11.12 2019가단114550 (1)
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B and C jointly deliver the buildings listed in paragraph 1 of the attached Table 1, and KRW 17,390,000.

Reasons

1. Basic facts

A. The sectional owners of G housing located on the Dongdaemun-gu Seoul Metropolitan Government E and F land (hereinafter “instant land”) established G reconstruction association (hereinafter “instant association”) in order to implement a reconstruction project (hereinafter “instant project”) that constructs the main complex building with the third underground and third underground floors above the ground level (hereinafter “instant main complex building”) on the site of the G housing around 2005 and constructs the main complex building with the third underground and third underground floors above the ground level (hereinafter “instant complex building”).

B. On December 19, 2005, H Co., Ltd. (hereinafter “Nonindicted Company”) entered into a joint project implementation agreement with the contents that the non-party company should acquire in return for the joint project implementation, on which the non-party company received the instant land from the instant association and provided its members with 16 households of the instant main complex building. Of the instant main complex building, the non-party company entered into a joint project implementation agreement with the content that the non-party company should acquire in return for the joint project implementation. Of the instant main complex building, the amount equivalent to 18 households of the apartment complex (16 households supplied with members and 2 households owned by the non-party company) excluding the 18 households of the instant apartment complex (10 million won per household) and non-party company.

(hereinafter referred to as the “instant joint project implementation agreement,” and the construction of the main complex building under the said contract shall be referred to as the “instant construction”).

On August 21, 2006, the non-party company contracted the instant construction work to the I Co., Ltd., and terminated the construction contract on the ground of the non-performance of the I Co., Ltd.

After that, the non-party company ordered the instant construction work to J Co., Ltd. on February 21, 2008 along with the instant union, but the J Co., Ltd suspended the construction work around October 2009 as it did not receive the construction payment from the non-party company.

Accordingly, around February 2010, the non-party company contracted the instant construction again to L Co., Ltd. with K as the site manager (hereinafter “L”).

Since then, the non-party company and the association of this case shall be the members of the non-party company.

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