건물명도
1. Of the judgment of the court of first instance, the part concerning the counterclaim is revoked, and the defendant-Counterclaim plaintiff's counterclaim is dismissed.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On July 30, 2010, C entered into a design and supervision contract with the Defendant on the part of Seoul Special Metropolitan City, Nowon-gu, with respect to the new construction of a neighborhood living facility with the first underground floor and the eight-story above ground (hereinafter “instant building”), with respect to the construction of the instant building, such as the construction of the instant building, the design and supervision contract was entered into with the Defendant to entrust the Defendant with the contract price of KRW 110 million (including value-added tax).
B. 1) C is subject to a building permit for the construction of the instant building on October 28, 2010, and on August 17, 2011, Dae Chang Construction Co., Ltd. (hereinafter “instant construction”).
(2) On September 23, 201, the Seoul Special Metropolitan City Nowon-gu D and the Korea Assets Trust Co., Ltd. concluded a collateral trust contract with the Nowon-gu Seoul Special Metropolitan City Nowon-gu D as the first priority beneficiary with respect to the instant land and the instant building on September 6, 201 to raise funds for the instant construction project. (2) On September 6, 2011, the Dae Chang Chang Construction Co., Ltd started construction and completed the construction project up until November 23, 2011, the construction was suspended due to the shortage of funds for the construction project of the Seoul Special Metropolitan City and waived the instant construction project around November 30, 2011.
3) Accordingly, C is the E Co., Ltd. on December 8, 2011 (hereinafter “E”).
(C) On May 8, 2012, C extended the construction cost of the instant construction to KRW 1.68 billion between the Plaintiff and the actual management owner of E, and changed the name of the owner of the instant building to the Plaintiff as security, and the title of the building owner of the instant building of this case to the Plaintiff.