건물명도(인도)등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the court of first instance’s explanation as to the instant case is as follows, except for the addition of the following judgments as to the matters alleged in the court of first instance, and thus, the court’s explanation as to the instant case is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2. Additional determination is made
A. Defendant B, in the grounds of appeal, filed a lawsuit against F Co., Ltd. (hereinafter “F”) on the claim for construction cost as Busan District Court Branch Branch Branch of 2011Kadan8388, and won a favorable judgment; C filed a lawsuit on the claim for rent against Defendant B as Busan District Court Decision 2015Kadan38095; D was rendered a judgment against Defendant B, but the lien was recognized and lost; D recognized the delegation of management of the instant real estate; extinctive prescription of the construction cost claim is 10 years; Defendant B was holding the instant real estate free of charge from 2008 to 2008 with the “Agreement on Possession of Right of Retention”; Defendant B was asserting that there was a lien on the instant real estate; and Defendant C leased and used the instant real estate from Defendant B, a legitimate lien holder, to occupy and use the instant real estate.
Judgment
1) According to the statements in Eul 2 (Judgment, Busan District Court's Dong Branch 201Gada8388), Eul 6-1 (Judgment, Busan District Court's 2015Gadada38095) and Eul 6-1 (the Busan District Court's 2015Gada38095), the defendant Eul filed a lawsuit against Eul for claiming the payment of the construction cost (the Busan District Court's Dong Branch 201Gada8388). The above court rendered a judgment on September 23, 2011 that "F shall pay the defendant Eul 60 million won and delay damages therefor," while the above court dismissed the defendant Eul's claim against the defendant Eul for the payment of the rent (the Busan District Court's 2015Da38095), and according to Gap's written confirmation and confirmation No. 2014, Sep. 20, 2016 (No. 2014) and Gap's written confirmation No. 20164 (No. 20164).