건물명도 등
1. The defendant shall order the plaintiff to write down the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Basic facts
A. From January 1, 1999 to December 31, 2012, the Defendant served as the president of the Plaintiff’s subdivision.
B. A building listed in the attached list (hereinafter “the instant building”) is a manager of the C exhibition Hall, and around August 31, 201, KRW 150 million out of the project cost of the construction project cost of KRW 300 million from the Bryang-gun, the Plaintiff Jongyang-gun was borne by the Plaintiff Jong-gun, and KRW 150 million was decided to grant subsidies, and the approval for use was obtained on January 14, 2013 after the commencement of February 9, 2012, and the registration of ownership preservation was completed in the name of the Plaintiff Jongyang-gun on August 22, 2013.
C. The defendant currently occupies the building of this case.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, 2, 5-1, Eul evidence 4, the purport of the whole pleadings
2. As seen in the above-mentioned basic facts concerning the cause of the claim, the defendant occupies the building of this case owned by the plaintiff. Thus, the defendant is obligated to deliver the building of this case to the plaintiff seeking the exclusion of disturbance based on ownership unless there are special circumstances.
3. The defendant's assertion and its judgment
A. The defendant's assertion (1) that the defendant bears KRW 317,496,50 in the course of constructing the building of this case, and the defendant has the right to possess the building of this case as the lien holder until he receives the above amount from the plaintiff's closing association.
(2) Even if the right of retention is not recognized, the Defendant assumed the above amount in handling the delegated affairs, which are the construction of the instant building, by the Plaintiff’s Order. Since the delegated affairs are terminated, the Defendant has the right of defense of simultaneous performance until the Plaintiff’s Order of Branch pays the above amount.
B. (1) As to the claim of lien, Article 320(1) of the Civil Act regarding the claim of lien provides, “Where a person who possesses another’s property or securities has the due date for payment of the claim arising with respect to such property or securities, the said property or securities shall be paid for.