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(영문) 의정부지방법원 2017.02.15 2015가단23451

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

1. Facts of the dispute

A. The Defendant’s claim and obligation between the Defendant and A (hereinafter “A”) 1) on March 19, 2009 : the 4th underground floor and the 3rd ground parking building (hereinafter “instant parking building”) constructed between B and the Defendant on March 19, 2009 on the southyang-si C’s ground.

(2) Of the new construction works, with respect to the remaining construction works except for the portion of the structural construction works already executed by another construction company (from underground 4 to ground 1st floor), the construction cost was determined as KRW 1.5 billion, KRW 500 million, and the construction period was determined from March 2009 to June 30, 2009 (three months), and the construction cost was agreed to be paid within one month after the registration of the building. (2) B established A on August 24, 2009, and both agreements related to the above construction were concluded in A’s name.

A completed the instant parking building around October 2009.

3) On November 5, 2009, the Defendant was unable to pay the above construction cost to A, and the provisional registration from A on the title of "101, 102, 103, 106, and 2nd floor (1-10) of the instant parking building," was issued and delivered a letter of performance stating that "The provisional registration from A on the title of "10, 102, 103, and 106, and 100,000 won of the total construction cost (excluding value added tax)" was a provisional registration for securing A's claim for construction cost, until the settlement of accounts for outstanding construction cost is completed, and the outstanding amount was temporarily paid until 2.1,100,000 won of the total construction cost (excluding value added tax) and was parked in the name of the Defendant on November 13, 2009, and the ownership transfer registration on the instant parking building was not completed on the same day as the date of the instant promise for sale and purchase of the instant building.

B. B. The Plaintiff’s obligation and obligation between the Plaintiff and the Defendant (i) around April 5, 2008.