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(영문) 수원지방법원 2015.12.24 2015나7418

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Co-Defendant C Co-Defendant C Co., Ltd. of the first instance trial (hereinafter “C”) concluded a sales guarantee contract as stipulated in the Housing Act and the Enforcement Decree of the Housing Act with the amount of security deposit at KRW 367,463,80,000 between the Plaintiff and the Plaintiff on November 29, 2006.

B. On the same day, C prepared a transfer memorandum stating that “C may no longer continue to conduct the business due to inevitable reasons such as dishonor and bankruptcy” (hereinafter referred to as “instant transfer sheet”) with the condition that the Plaintiff shall assume the responsibility of guarantee against the buyer in accordance with housing construction-related Acts and subordinate statutes, construction-related Acts and subordinate statutes, terms and conditions of sale guarantee, or the Plaintiff’s internal rules and procedures, all the above-ground and underground buildings (including buildings under construction), such as housing, apartment, commercial buildings, model house, construction management office, and construction management office (including buildings under construction), and all the rights related thereto, and all rights related to the sale in lots, such as the buyer and the third party, and all rights related to the sale in lots, including the right to receive the sale price, shall be transferred to the buyer and the third party.”

C. C constructed E Apartment (hereinafter “instant apartment”) in the said project site, completed registration of ownership preservation on September 15, 2009 for some of the instant apartment units, and completed registration of ownership preservation on September 21, 2009 by designating the Plaintiff as the first beneficiary on September 21, 2009 as the first beneficiary, and completed registration of trust on the apartment that completed the preservation registration in the future of the Asian Trust Co., Ltd.

C During the process of selling the apartment of this case, the Plaintiff filed an application for the commencement of compulsory auction on February 23, 2010 with respect to the apartment of this case on February 26, 2010 when it is difficult to carry out construction due to the bankruptcy of Sungwon Construction Co., Ltd., which was a construction contractor of the apartment of this case.