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(영문) 광주지방법원 2018.05.04 2017나830

건물명도 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. A. Around November 2002, F (Defendant 1’s in-house director) entered into a construction contract for the second floor K Sababababry and soup, among the 5th floor buildings (hereinafter “instant building”) of D-ground reinforced concrete structure (a sloping roof) and D-ground reinforced concrete structure (hereinafter “the instant building”). Around May 2006, F was decided by the Gwangju District Court to pay the construction price to H, who is the above K Sabababa or operator.

(The District Court 2006j7157). (b)

F Upon the commencement of an auction on the instant building (hereinafter “previous auction”), the F submitted a lien report to the effect that on December 2, 2009, the said K S S S S-B or the management office is in possession of the said office due to the failure to receive the claim for construction cost and damages for delay up to KRW 730,000,000 for the second floor of the instant building.

C. A limited liability company C (hereinafter “C”) was determined as the purchaser of the instant building through the previous auction on April 22, 2011 (the successful bid price of KRW 3.7 billion), and completed the registration of ownership transfer on July 22, 201.

F) On July 20, 201, the F Co., Ltd. issued a note to the effect that “(1) billion won has been delivered to C, and waivers of the right to retention on the instant building.” On the other hand, the F Co., Ltd received a separate letter of confirmation that each of the said notes was only for the purpose of lending a bank, and actually did not receive KRW 200 million.

E. On May 23, 2011, the Defendant drafted a written contract for construction of KRW 2,65,00,000,000 for the construction cost under the name of the Defendant, “(2,3,4, and5 stories)” and “(2,65,000,000,000,000 for the construction cost.” The said written contract for construction is written as follows, and the written estimate for the addition includes expenses for the remodeling of the 5th floor among the instant buildings.

(hereinafter referred to as the “instant construction project.” This construction contract is the construction contract corresponding to the studio estimate, and the construction amount shall be calculated according to the separate estimate if K private house or building is not changed to use due to the C.