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(영문) 수원지방법원안산지원 2016.01.15 2015가단8636

건물인도

Text

1. The Defendants deliver real estate listed in the separate sheet to the Plaintiff (Appointed Party) and the Appointed E.

2...

Reasons

1. Facts of recognition;

A. Samdong Co., Ltd. (hereinafter referred to as “Tridong”), around 2013, performed construction of 10 multi-household houses, including real estate listed in the attached Table (hereinafter “instant real estate”), on the land other than the F land, and on the ground of the land owned by the Plaintiff (Appointed Party) and the Selection Party A (hereinafter collectively “Plaintiff, etc.”).

B. On November 21, 2013, the registration of initial ownership of the instant real estate was completed in the future including the Plaintiff, etc.

C. The Defendants currently occupy the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1-1 to 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to deliver the instant real estate to the Plaintiff, etc. presumed to be the owner of the instant real estate, unless there are special circumstances.

B. The Defendants’ assertion and judgment 1) The summary of the Defendants’ assertion was that Defendant C subcontracted the unclaimed construction cost of KRW 242,00,000 (including value-added tax) to Defendant C, and the Defendant C completed the aforementioned unclaimed construction cost, and completed the additional construction cost of KRW 22,00,000 (including value-added tax). The Plaintiff, etc., who was title trusted the instant real estate from Sam or Samju, the actual owner of the instant real estate, agreed to accord the Defendants with payment for the said construction cost as the instant real estate with KRW 260,00,000, and the Defendants received the instant real estate in accordance with the above agreement. Accordingly, the Defendants received the instant real estate pursuant to the above agreement. In light of the following circumstances, the Defendants were admitted to have the right to possess the instant real estate, evidence Nos. 2, 5, and evidence Nos. 1, 2, 2, 5-3, 2-1, 3-2, 4-1, 7, and 1-3-1, evidence No.