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(영문) 의정부지방법원 2018.08.23 2017가단107407
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

(a) deliver the buildings listed in the separate sheet;

(b) for each of the 1,540,000 won and this shall apply.

Reasons

1. Facts of recognition;

A. E regional housing association (hereinafter “E housing association”) such as the establishment of regional housing association for the new apartment construction project in the Guri-si, Guri-si (hereinafter “instant project site”) established by the regional housing association method in order to carry out a new project for apartment housing (hereinafter “instant project”) on the land of Guri-si F (hereinafter “instant project site”), and obtained authorization for the establishment of the association from the Guri-si market on April 17, 2003.

On March 2010, the E Housing Association accepted its members additionally to raise funds and smoothly implement the instant project, and the Defendant wishes to join the G Regional Housing Association (hereinafter “G Housing Association”) as new members. On March 20, 2012, the G Housing Association was working on the part of the members of the existing E Housing Association, including those who wish to additionally join the Association as well as those who wish to additionally join the Association, but did not obtain the authorization for the establishment of the regional Housing Association from the old Si.

Since then, the project of this case continued to be implemented the existing E Housing Association as the project subject.

B. On January 4, 2010, the E-Housing Association concluded a contract with H Co., Ltd. (hereinafter “H”) for the execution of an implementation agency contract, and the Plaintiffs’ respective land sale E-Housing Association concluded a “execution agency contract” with the content that H will leave the Plaintiff even if the Plaintiff suffered losses, by delegated the E-Housing Association with regard to the affairs related to authorization and permission, such as additional recruitment of partners, establishment of a business plan, support for financing and lending of loans, project approval, purchase of land, the selection of a contractor, and construction contract. On the other hand, if the instant project is implemented as a definitive share system and final contribution system, additional profits were to be settled at H’s service cost.

On April 16, 2010, the Defendant: (a) 608 square meters in Guri-si I Miscellaneous land; (b) 204 square meters prior to J; (c) 62 square meters prior to K; and (d) electric utility.

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