건물명도(인도)
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following order to perform shall be revoked, and that part shall be revoked.
1. Facts of recognition;
A. The Plaintiff’s lien 1) K Co., Ltd. (hereinafter “K”).
L Co., Ltd. (hereinafter referred to as “L”) around May 2, 2011
2) From the perspective of this case, 7 units of multi-family house on six parcels, such as the voice, Ma, etc. of Chungcheongbuk-gun (hereinafter “instant building”).
(2) On July 2013, K was awarded a subcontract for the electrical construction cost of KRW 236,700,000 among new construction works, and around July 18, 2013, K transferred the lien on the instant building with the secured claim of KRW 158,640,400, and the lien on the instant building with the secured claim to the Plaintiff, and notified the Plaintiff of the said assignment of the said claim on July 18, 2013.
3) The Plaintiff filed a lawsuit against L in Seoul Eastern District Court 2014Gahap107862 against L, and the above court rendered a judgment on December 8, 2015 that “L shall pay to the Plaintiff KRW 158,640,400, and delay damages therefor,” and the judgment became final and conclusive as it is. (4) The Plaintiff continued possession of the instant building in order to secure the above construction cost claim, and exercised the right of retention, and attached a written notice of the exercise of the right of retention to inform the Plaintiff that the Plaintiff was exercising the right of retention against the said building as the lien holder.
B. On June 5, 2013, 201, the Defendants’ acquisition of ownership due to auction 1) regarding part of the instant building and each of the real estate listed in the separate sheet, which is the relevant site, was commenced on June 5, 2013. Defendant C awarded a bid for each of the real estate listed in the separate sheet 2, and completed the registration of ownership transfer on January 14, 2015, and Defendant B Co., Ltd (hereinafter “Defendant B”).
(2) In the above auction procedure, the Plaintiff reported each right of retention on the amount of the unpaid construction price claim for the L acquired from K as the secured claim, with the amount of KRW 158,640,400 as the secured claim, in which each real estate listed in [Attachment 1] list was awarded a successful bid, and completed the registration of ownership transfer on February 9, 2015.
C. The Defendants, who were occupied by the Defendants, were the Seoul Central District Court against the Plaintiff.