건물인도 등
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. On November 12, 2013, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty C, and completed the registration of ownership transfer on December 10, 2013.
B. The defendant occupies the real estate of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the real estate of this case to the plaintiff, unless the defendant proves his title to possess the real estate of this case.
3. Determination as to whether a lien exists based on the claim for construction cost
A. The defendant asserts that the defendant registered the business under the name of "E" in the name of "E" as the defendant's attached D and received a subcontract for the construction cost of the real estate in order to obtain a 287,000,000 won in the construction cost, even though he was awarded a subcontract for the construction work from "Osung Comprehensive Construction Co., Ltd. (hereinafter "Osung Construction"), he/she cannot comply with the plaintiff's request since he/she had a lien because he/she did not receive 287,00,000 won in the construction cost, or that D, a business owner,
In this regard, the plaintiff asserts that the existence of the claim for construction price by the defendant or D cannot be recognized, and that the claim for construction price has already expired by prescription, so the right of retention by the defendant or D does not exist.
B. Determination 1) According to the statements in Eul evidence Nos. 1, 2, 4 through 7 (including each number), D has registered its business with the trade name of "E" and entered into a subcontract with "Ssung Construction Co., Ltd." on May 31, 2005 and entered into the construction of the instant real estate building with the construction price of KRW 225,00,000,000, and thereafter, the subcontractors including "D," including "D," around October 2005.