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(영문) 의정부지방법원 2017.01.20 2015가합2956

건물명도

Text

1. The Plaintiff:

A. Defendant B Co., Ltd is established on the ground of each real estate listed in [Attachment 1] and 4.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) completed the registration of ownership transfer on each real estate listed in [Attachment 1] through (4) [Attachment 1] on January 12, 201.

B. Around May 25, 2011, Defendant B entered into a contract for construction works that newly build two factories (which are the buildings listed in attached Table 1 List 5) on the land listed in attached Tables 1 and 1 List 1 (2) (hereinafter “instant construction works”) (hereinafter “instant construction works”) and the construction cost of KRW 520 million and the construction period from June 201 to September 30, 201.

After that, on July 8, 2011, the literature sent a subcontract for reinforced concrete, steel frame, and board board construction work among the instant construction works to an independent party intervenor (hereinafter “participating”) in the cost of construction KRW 290,92 million.

C. On October 201, 201, literature sent the instant construction, and ceased to exist on or around October 15, 201, Defendant B rescinded the contract for the literature sent around January 15, 2012, and at the time, the flag rate was 59.6%.

After that, Defendant B, among the instant construction works, has been carried out: ① Operations, Na-dong outer wall and bottom finish work; ② Operation; ③ Operation of the entrance line work (the completion of concrete reclamation pipes and entrance line); ④ Operation, Na-dong Telecommunications Installation Work (the completion of concrete reclamation pipes and entrance line); ④ Operation, Na-dong Fire Fighting Work (the completion of Na-dong) Operation, Na-dong Fire Fighting Work; ⑤ Operation, Na-dong dormitory, office partition, Na-dong 2 floor, Na-dong 2 floor, Na-dong 2 floor, Na-dong 2 floor pipe and finish work; 7 Operation of piping facilities and finishing work of sewage and pipeline; 95% of the base rate on June 2013.

On July 9, 2013, upon the commission of the decision to commence compulsory sale, the registration of preservation of ownership of the above factory building was completed in the name of Defendant B.

E. The Plaintiff is from the auction procedure (Seoul District Court L) with respect to each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”).