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(영문) 수원지방법원 2016.01.15 2015가단120518

건물명도

Text

1. The defendant shall deliver two floors among the buildings listed in the attached list to the plaintiff.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. The buildings indicated in the attached list (hereinafter “instant building”) and D. 1,307 square meters (hereinafter “instant building, etc.”) were owned by Nonparty E. As to the instant building, etc., on August 27, 2013, the Plaintiff filed an application for commencement of the auction of real estate with Suwon District Court F, and the registration of voluntary commencement of auction (hereinafter “instant auction procedure”) was completed.

B. On November 8, 2013, the Defendant reported the right of retention to the effect that, at the instant auction procedure, the Defendant acquired the right of retention equivalent to KRW 607,336,370 regarding the instant building, etc. as the secured claim.

C. The Plaintiffs received the bid of the instant building, etc. at the instant auction procedure, and completed the registration of ownership transfer on September 29, 2014.

On the other hand, the defendant occupies all the second floor of the building of this case.

[Reasons for Recognition] Facts without dispute, Gap 1, 4, 5 evidence, Eul 2 and 3 evidence, video (including the number number, each); the purport of the whole pleadings

2. Determination as to the request for delivery of a building

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the second floor of the building in this case to the plaintiff, unless the defendant proves his legitimate title to possess the second floor of the building in this case.

B. 1) The defendant, around 209, completed the construction by being awarded a contract for new construction works and electrical construction of the building in this case, he did not receive the construction cost of KRW 607,336,370, and had exercised the right of retention by occupying the second floor of the building in this case to secure the claim for the construction cost from around that time. Thus, the above part cannot be delivered until the payment of the construction cost is made. 2) The registration of the decision of commencement of auction on real estate, such as the building owned by the debtor, was made.