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(영문) 창원지방법원 2015.03.18 2014나1083

건물명도등

Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. Basic facts

A. A. On April 14, 2001, D Co., Ltd. (hereinafter “D”) acquiring the Plaintiff’s ownership as to the instant building acquired the instant building from the construction by transfer of the business of constructing the instant apartment, instead of Gyeongnam-gun, from the construction of the National Security Corporation (hereinafter “New Construction”), and completed the registration of ownership preservation as to the instant building on or around April 21, 2004. The F decided to acquire the instant apartment from D, including the instant building, under the pretext of payment for the construction cost claim possessed by D, 4 bonds, including the instant building, including the instant building, from D, under the pretext of payment for the construction cost claim possessed by D, and completed the registration of ownership transfer as to the instant building on or around July 20, 2007. The Plaintiff completed the registration of ownership transfer as to the instant building on or around July 29, 2011 due to sale with F on July 4, 2011.

B. The Defendant joining the Defendant (hereinafter “Supplementary Intervenor”) (hereinafter “Supplementary Intervenor”) created and confirmed the claim for construction cost against the deceased GD

(2) On June 30, 2006, G, his father, was employed from around 1995 to work as a guard and manager at the instant construction site, and D continued to work under employment of D even after acquiring the instant construction site. On the other hand, G, who was awarded a subcontract for a part of the construction work, such as shower, Dock construction, and Dock construction, was also performing the construction work. (2) G, on the ground that there was an agreement against D on the payment of wages, bonuses, construction costs, and profits, filed a lawsuit with the Changwon District Court for an agreed amount claim against D on the ground that there was an agreement against D on the payment of wages, bonuses, construction costs, and profits. On the other hand, the above court rendered a final judgment on June 30, 2006, “The Defendant paid the Plaintiff damages for delay of KRW 104,000,000 and damages for delay of KRW 50,000,000 from September 1, 2004.”

C. One network G of the possession relation of the instant building is between the National Security Department and the National Security Department in order to guarantee the wages of the Plaintiff while serving as the guard and manager of the instant building around 1995.