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(영문) 서울서부지방법원 2018.09.20 2018나33651

건물명도

Text

1. The part of the judgment of the court of first instance that requested extradition shall be revoked.

2. Of the instant lawsuit, the court changed and added the instant lawsuit.

Reasons

1. Facts of recognition;

A. 1) A final judgment in the preceding case is rendered by the Plaintiff, as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

() On April 26, 2013, asserting that the Defendants were occupied and used without permission, the Defendants filed a lawsuit against the Seoul Western District Court 2013Kadan16292 against the Defendants seeking the delivery of the instant real estate and the return of unjust enrichment equivalent to the rent. Accordingly, the Defendants filed a lawsuit against the Defendant A’s Cheongju General Construction Corporation (hereinafter “Cheongju General Construction”).

2) Claim for the construction payment against the Plaintiff (hereinafter “instant claim for the construction payment”).

(2) Until receiving the instant real estate, the said court affirmed a judgment in favor of the Plaintiff on November 15, 2013. (2) The Plaintiff appealed as Seoul Western District Court 2013Na9882, and the appellate court concluded the pleadings on June 24, 2014. On August 22, 2014, “The Defendant shall pay to the Plaintiff 124,370,876 won from Cheongju General Construction and 124,361,738 won among them, and KRW 6% per annum from June 26, 2012 to June 5, 2013; KRW 20% per annum from the next day to June 5, 2013; and KRW 124,361,738 won per annum from the end of June 26, 2012 to the end of June 17, 2014; and the Plaintiff’s aforementioned judgment on the Plaintiff’s ownership or profit-making from June 1, 7, 2015.

3) The Plaintiff appealed to the appellate court judgment by Supreme Court Decision 2014Da71927, but the judgment was rendered on January 15, 2015, which became final and conclusive on January 19, 2015 (hereinafter “previous final and conclusive judgment”).

(B) B. B. 1 An assignment order and collection order 1) A. B. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E