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(영문) 인천지방법원 2017.11.29 2016가단239146

건물명도

Text

1. The Defendant shall deliver to the Plaintiff real estate indicated in the attached list, and KRW 17,962,00 and the Plaintiff’s delivery thereof on April 21, 2017.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is the owner of No. 203 (hereinafter “instant real estate”). The Defendant’s lien on the instant real estate does not exist any secured claim, or the Defendant’s lien cannot be established by occupying the instant real estate as a lessee, and the Defendant’s lien is extinguished due to the Defendant’s claim for termination of the Plaintiff’s lien by leasing the instant real estate to a third party without the Plaintiff’s permission. As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the amount of unjust enrichment equivalent to the rent from May 15, 2015, the date of acquisition of the Plaintiff’s ownership, to the date of loss of the Plaintiff’s ownership or the date of termination of the Defendant’s possession.

B. On June 1, 2009, E, the former owner of the instant aggregate building, contracted the construction of the instant aggregate building to Busan General Construction Co., Ltd. (hereinafter “TBD”) on June 1, 2009. Even if the instant aggregate building was completed on December 30, 2009, E did not pay KRW 550 million for the construction cost, and the Defendant delegated the Defendant with the authority to manage the instant aggregate building and exercise the right of retention by continuing possession of the instant aggregate building including the instant real estate from December 30, 2009, and the Defendant acquired the above construction cost claim from PBD on November 15, 201, after completing the construction cost of the instant aggregate from C’s use to Class 2,300,000,000,000,000,000,000,000,000,00,000,00,00,00,00,00,00.