건물명도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal shall be those resulting from the participation in the appeal;
1. Basic facts
A. The Plaintiff concluded a security trust agreement with Nonparty E Co., Ltd. (hereinafter “E”) for each of the buildings listed in the separate sheet (hereinafter “each of the instant buildings”) and received the registration of ownership transfer for reasons of trust from E on December 16, 2013 to E on December 13, 2013.
B. From March 18, 2014, Defendant A occupies a building No. 1 (hereinafter “one building”); Defendant B, from March 2014, 2014, building No. 2 as indicated in the separate sheet (hereinafter “two buildings”); and Defendant C, from May 30, 2014 to 3 (hereinafter “three buildings”) indicated in the separate sheet, respectively.
C. On July 9, 2013, the Defendants’ Intervenor (hereinafter “D”) refers to the instant construction work, including E and each of the instant buildings, hereinafter referred to as “the instant construction work”).
A) A contract for construction works was concluded, and completed each of the instant buildings on October 31, 2014 under that contract. Defendant A is the representative director of D. D. A filed a lawsuit against Party D to seek payment of the construction cost of each of the instant buildings (Seoul Western District Court 2014Gahap446, Seoul Western District Court 2014Gahap4466, and in this lawsuit, E filed a counterclaim against Party D to seek confirmation that there is no right under the said contract for change of the fund management agency work as of July 11, 2013.
(1) The Seoul High Court 2015Na1045442 (Seoul High Court 2015Na10442), which appealed against the judgment of the first instance court, constituted conciliation as follows. 1. D delivers to E the real estate (three buildings) listed in the separate list No. 3 of the real estate (three buildings) in the separate list No. 400,000. 2. E pays to D the amount of KRW 400,000,000, out of which 150,000 is paid at the same time as the delivery of the real estate (two buildings) listed in the separate list No. 2 of the real estate (one building) from D, and the amount of KRW 250,00,000 among them is paid from D to D.