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(영문) 서울서부지방법원 2015.07.06 2013가단245854

건물명도

Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

(b) 20,373,666 and

Reasons

1. Facts of recognition;

A. (1) On February 19, 2001, G Co., Ltd. (formerly changed: H Co., Ltd.; hereinafter “G”) was awarded a successful bid of the Seodaemun-gu Seoul District Court of Seoul, Seodaemun-gu 928m2, K large scale 14m2, L large scale 504m2 (the said three lots were added to the instant site) and completed the registration of ownership transfer on March 17, 2001.

(2) At the time of the above voluntary auction procedure, G was the 6th floor to construct a building of the 12th floor above the ground and the 12th floor above the ground containing the real estate indicated in the attached list (hereinafter “instant apartment”) on the instant site at the time of the said voluntary auction procedure. As such, G was awarded a successful bid for the instant site, it purchased the part of the structural construction from Ma, one of the building owners of the instant building at the time of January 17, 201 to 6th floor from Ma, one of which was the building owner of the instant building at the time of the said voluntary auction procedure, and changed the name of the building owner of the instant building to G on March 4, 202.

(3) As between G’s successful bid for the instant site and the change of the owner’s name by purchasing the structural part up to the sixth floor above, the new construction of the instant building up to the 12th floor following the structural construction up to the 6th floor was carried out by the O Co., Ltd. (hereinafter “O”) with which the N representative director was the N, and even after the change of the owner’s name to G was made, the new construction was continued by the O, etc. after G was excluded.

(4) On December 19, 2002, G transferred the structural part of G to N, etc. up to the sixth floor of the instant site and its ground level to KRW 3.7775 billion. If N, etc. fails to pay the price by February 28, 2003, G, etc., upon receiving KRW 2.5 billion as liquidation money from G, and waiver of all rights to the instant building, and agreed to accept the said construction at the construction site of the instant building.

After that, the building of this case was completed on March 19, 2003, and N, etc. were G.