건물인도
The defendant shall deliver each real estate listed in the attached list to the plaintiff. The costs of lawsuit are assessed against the defendant.
subsection 1.
1. Facts of recognition;
A. On August 16, 2019, the Plaintiff entered into a contract with the Defendant and the Plaintiff for the construction of a new factory (hereinafter referred to as “new construction project in this case”) by the sequence 2 in the attached Table No. 1 (hereinafter referred to as “instant factory”) on the land in the attached Table No. 1 (hereinafter referred to as “instant land”), which is owned by the Plaintiff, with respect to the new construction project (hereinafter referred to as “new construction project in this case”) of the attached Table No. 2, including the instant land and the factory, until December 31, 2019 (hereinafter referred to as “instant contract”).
B. Under the instant contract, the Plaintiff paid advance payment of KRW 44.8 billion to the Defendant, and the remainder of KRW 1.6 billion was paid upon receiving a loan from an enterprise bank.
(c)
On August 2019, the Defendant drafted to the Enterprise Bank a letter of undertaking with the following content (hereinafter “instant letter of undertaking”).
I (Defendant) is the supplier of the new building (the factory of this case) following the support for the loan of facility funds, and I agree not to exercise the right of retention on the claim for the future construction cost.
In addition, if you receive 1.6 billion won of a loan agreed upon between the plaintiff and the contractor (the plaintiff), you undertake to faithfully cooperate in the completion of the execution of the liability and the measures to preserve the bonds of you.
(d)
The Plaintiff obtained approval for the use of the instant factory on June 24, 2020 after the completion of the new construction of the instant factory.
E. On July 6, 2020, the Defendant collected human resources and equipment at the construction site of the instant new construction, and delivered the instant factory to the Plaintiff. On July 13, 2020, the Plaintiff filed for registration of ownership preservation in the name of the Plaintiff with respect to the instant factory.
F. From August 12, 2020, the Defendant: (a) from around August 12, 2020, carried containers into the instant factory; and (b) occupied the instant factory by placing a fluor card with the effect that he/she shall exercise a lien on the outside of the instant factory; and (c) exercised a lien.
【Ground of recognition】