beta
(영문) 수원지방법원평택지원 2015.10.07 2015가합474

건물명도

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

. A substantial owner (name on the register of land: Plaintiff B) and B shall delegate to B all the construction and disposals with respect to five houses newly constructed on land and land of this case to 2 to 5, and 8;

2.B shall ensure that, upon the conclusion of a contract with A, it shall, as soon as possible, complete the construction and undergo a completion inspection.

3. A shall provide B with all documents related to the permission and ownership of the land of this case from Plaintiff B, the nominal owner on the register, until the completion inspection is completed. If Party B is unable to comply with this, he shall be liable for civil or criminal liability.

4. At the time of completion inspection, A does not raise any objection to the designation of a construction titleholder as a person designated by B.

5. A and B shall loan or sell and purchase the land in a financial right under an agreement with the project owner after completion and preferentially pay the balance, etc. of the land as follows:

Future* Balance of land : 550,000,000 won * Cancellation of mortgage * KRW 823,000,000 * Corporation price 37,000,000

6. A shall be liable to A when the nonpublic interest pertaining to this contract accrues.

On December 10, 2013, the Defendants concluded a construction contract with Q to set the construction cost of KRW 290,450,000 for the instant construction work. On March 2014, the Defendants completed the construction of each of the instant buildings listed in the separate sheet (hereinafter collectively referred to as “each of the instant buildings”) in the table attached to the Haman, and completed the construction of each of the instant buildings according to the order listed in the separate sheet.

The competent authority obtained approval for the use of the instant building Nos. 1 through 3 on December 17, 2014. Plaintiff B around that time changed the name of the building owner for the instant building Nos. 1 through 3 to Plaintiff A, a F’s wife, and registered the ownership of the Plaintiff A’s title as to the instant building Nos. 1 through 41023 as of December 22, 2014.