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(영문) 인천지방법원부천지원 2016.12.27 2016가단104564

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s acquisition of ownership of each of the instant real estate 1) the real estate listed in the separate sheet (hereinafter “instant land”).

(2) The building of the 15th above ground and the 2nd above ground and the 15th above ground (hereinafter referred to as the “instant building”) shall be referred to as the “each of the instant real estates” when referred to as the “each of the instant real estates”

On October 16, 2009, Incheon District Court A rendered a decision of compulsory commencement of auction, and on November 27, 2009, the registration of the entry was completed on November 27, 2009 (hereinafter “other auction cases”).

(2) The Plaintiff received a decision to permit sale on November 13, 2014 in the auction procedure, and paid the sale price on January 21, 2015, and acquired the ownership of each of the instant real estate.

B. The Defendant’s possession 1) was already built on the land of this case, but the instant building was newly built on the said apartment house after the reconstruction project was implemented. (2) The reconstruction housing association, which is the implementer of the said reconstruction project, selected and entered into a contract for the comprehensive construction of the street company as the contractor, and the Defendant is a construction company for which part of the construction was awarded by the said contractor.

3) The Defendant alleged that the construction price for the construction of the instant building was not paid, and from August 2013, the Defendant occupied each of the instant real estate to the effect of exercising the right of retention. C. The Plaintiff, who received the Plaintiff’s request for delivery order against the Defendant, alleged that the Defendant unfairly occupied each of the instant real estate. On February 5, 2015, the Plaintiff claimed that the Defendant was unfairly possessing the instant real estate, and filed an application for delivery order against the Defendant as Incheon District Court B under Article 136 of the Civil Execution Act.

2) On May 29, 2015, the above court accepted the Plaintiff’s above application and rendered a decision ordering the Defendant to deliver each of the instant real estate (hereinafter “instant extradition order”).

(3) On June 5, 2015, the Defendant filed an appeal with the Incheon District Court 2015Ra519 against the India Order.