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(영문) 대전지방법원 2020.11.10 2019나105205

건물명도(인도)

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The judgment of the first instance shall be revoked.

All of the plaintiffs' claims are dismissed.

All costs of the lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. G Co., Ltd (hereinafter “G”), from August 2015, began construction works to build new buildings listed in the attached Table (hereinafter “instant building”) on the first site of the mountain area, the mountain area, the H owned from August 1, 2015.

G completed registration of initial ownership of the instant building on November 30, 2016, and obtained approval for the use of the instant building on December 8, 2016.

B. On May 20, 2016 and August 30, 2016, the Defendant Company was awarded a contract for the electrical construction of the instant building in total of KRW 272,770,000 from G, and completed the construction on September 30, 2016, and was not paid KRW 187,90,000 out of the construction cost.

C. Defendant E did not receive construction cost of KRW 52,981,500 from G, for the painting of the instant building.

On April 18, 2017, the Daejeon District Court rendered a voluntary decision to commence the auction (hereinafter “instant auction”) with respect to the instant building on April 18, 2017, and the registration of entry into attachment was completed on April 19, 2017.

E. At the instant auction, Defendant E reported each right of retention on May 8, 2017 with the fixed amount of painting construction work for G as the secured amount, and Defendant F reported each right of retention on July 25, 2017 with the fixed amount of the said electrical construction work for G as the secured amount.

F. On March 2, 2018, Plaintiff A received 50/100 shares among the instant buildings, Plaintiff B and C, respectively, 15/100 shares, and Plaintiff D’s 20/100 shares at each auction and completed the registration of ownership transfer.

G. Before March 2, 2018, the acquisition date of the Plaintiffs’ ownership, Defendant E occupies, among the instant buildings, a general restaurant of the second floor (253.52 square meters) up to February 20, 2020; the Defendant Company occupied the third floor entertainment bars (253.52 square meters) and fourth floor entertainment bars (253.52 square meters) among the instant buildings.

[Ground of recognition] Evidence Nos. 1 through 4, Eul 4, 8, Eul 11 and 12, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted that the Plaintiffs’ assertion delivered each of the respective possession parts of the instant building to the Plaintiffs, the owner of the instant building, and possessed each of them from March 2, 2018.