부동산 인도등
1. The Defendants are to the Plaintiff.
(a) deliver the buildings listed in the separate sheet;
(b) Jointly KRW 16,969,600 and May 2016.
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1, 1, 2, 8, and 35, the Plaintiff acquired the ownership of the building listed in the separate sheet (hereinafter “instant building”) on May 31, 2013. However, the Defendants may each recognize the possession of the instant building from September 1, 2014 to September 1, 201, and there is no counter-proof.
B. According to the above facts, as long as the Defendants did not prove the right to possess and use the building of this case, the Defendants are liable to deliver the building of this case to the Plaintiff as the owner and jointly compensate the Plaintiff for the damages equivalent to the rent incurred by the Plaintiff due to the possession of the building of this case.
2. Determination as to the defendants' right of retention defense
A. The Defendants asserted that Defendant B was unable to receive the price for landscaping and natural works from among the E-Building Construction Works including the instant building, and thus exercising a lien to occupy the instant building. Accordingly, the Plaintiff’s possession of the instant building was commenced as tort, and thus, re-fighted to the effect that the lien is not established.
B. Therefore, it is recognized that the defendants asserted that they have claims for construction expenses, such as evidence Nos. 19, Eul evidence Nos. 20, Eul evidence Nos. 23, Eul evidence Nos. 24, Eul evidence Nos. 26, Eul evidence Nos. 30, Eul evidence Nos. 32, Eul evidence Nos. 34, and Eul evidence Nos. 10-3, and the purport of the whole pleadings in video Nos. 10-1 through 3, including the building of this case, and that they exercise their right of retention.
C. However, in full view of the purport of the arguments in Gap evidence Nos. 2, Gap evidence Nos. 5-7, Gap evidence No. 23, and Eul evidence Nos. 35, defendant B shall include the building of this case and some of Gap commercial buildings and housing.