건물인도등
1. Defendant (Appointed Party) shall deliver to the Plaintiff (Appointed Party) real estate listed in the separate sheet.
2...
1. On April 13, 2011, the Suwon District Court D (hereinafter “instant auction procedure”) on the real estate listed in the separate sheet (hereinafter “instant real estate”) issued a successful bid for the instant real estate on April 13, 201, and the Defendant (hereinafter “the appointed party; hereinafter “Defendant”) and the appointed party E, F, G, and H (hereinafter “Defendant”) possessed the instant real estate as of the date, or the fact that the Defendant possessed the instant real estate as of the date is not disputed between the parties, or is recognized by Gap 2 and Gap 10-1 through 7, by taking into account the overall purport of the pleadings.
Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiffs, barring special circumstances.
2. Determination as to the defendants' right of retention defense
A. On or before May 15, 2009, the Defendants asserted by the Defendants: (a) subcontracted part of the construction works to construct one building and another building from among the instant real estate (in the case of the instant real estate and its adjacent to the EJ); and (b) completed the relevant construction works; (c) Defendant B was unable to receive construction payment of KRW 42.6 million from the former owner of the instant real estate; (d) Defendant B’s KRW 57,190,700; and (e) H was not entitled to receive construction payment of KRW 36 million from the former owner of the instant real estate; and (e) the instant real estate possessed the instant real estate for repayment.
Therefore, there is a right to attract the instant real estate until the payment of the said construction cost, and thus, it cannot be complied with the Plaintiffs’ request for extradition.
B. In case where the debtor has acquired the right of retention by transferring his possession to the creditor of the construction cost regarding the said immovables after the seizure has taken effect after the entry of the decision to commence auction was registered on the immovables owned by the debtor, the transfer of such possession is likely to reduce the exchange value of the subject matter.