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(영문) 춘천지방법원 2018.10.18 2017가단55523

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. Ordering each point among the real estate listed in the separate sheet, in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. On November 24, 2016, the Plaintiff purchased real estate of 7,000 square meters in Yang-gu, Yang-gun, Gangwon-do and in the attached list constructed on its ground through voluntary auction, and completed the registration of ownership transfer on the same day.

B. On November 22, 2016, the Defendant, the former owner of the said real estate, delivered to the Plaintiff the land and buildings he/she possessed, including the real estate stated in the foregoing paragraph (a) by April 30, 2017, and, if so, paid KRW 10 million as compensation for damages, and if the said real estate is not performed with the obligation to deliver the said real estate and the obligation to compensate for damages, there is no objection thereto even if compulsory execution is not performed (hereinafter “instant agreement”). Such agreement was notarized by the Fics Office No. 152, 2016.

C. Of the real estate listed in the current annexed list, the number of items indicated in the annexed sheet Nos. 1, 2, 3, 4, and 1, the (B) section assembly-type group, and 199.67 square meters in the store for the board of a panel branch (hereinafter “instant warehouse”) are kept in custody of G Co., Ltd. (hereinafter “G”) (hereinafter “G”), the Defendant and the Defendant’s lessee, under the circumstance of correction.

[Reasons for Recognition] Evidence Nos. 1, 2, 3, 7, and the purport of the whole pleadings

2. According to the above facts, the defendant can recognize the fact that the defendant continued to possess the warehouse of this case and did not deliver it to the plaintiff. Thus, the defendant is liable to deliver the warehouse of this case to the plaintiff, and to pay 10 million won with compensation for damages pursuant to Article 3 of the agreement of this case and the amount equivalent to 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 19, 2017 to the full payment date, as the plaintiff seeks.

The defendant is not the possessor of the goods in the warehouse of this case in fact or in the possession of H, the representative of G, and goods in the warehouse of this case.