건물명도(인도)
1. The Defendants indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, on the Plaintiff, among the area of 249.4 square meters in Incheon Jung-gu.
1. Determination on the cause of the claim
A. The facts of recognition (1) E indicated in the annexed drawings among the land of this case (hereinafter “instant land”), (2), (3), (4), (5), (6), (7), (8), (1) part of (a) in the line connected with each of the above points, which is the building owner of the building (hereinafter “instant building”) and the building construction (hereinafter “construction of this case”). < Amended by Presidential Decree No. 15183, Feb. 21, 197; Presidential Decree No. 15082, Feb. 1, 1997; Presidential Decree No. 17068, Feb. 1, 2006>
(2) On February 20, 2019, E transferred all rights to the instant building to the Plaintiff with the leave of the Changho Lake and the interior interior interior interior interior interior works, and thereafter, the procedure for changing the name of the owner in the name of the Plaintiff was completed.
(3) The Defendants occupy the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings
B. According to the above facts of recognition, the Defendants, as the purchaser of the instant building, have the duty to deliver the instant building to the Plaintiff seeking subrogation of the seller E, who was the original purchaser of the instant building, barring any special circumstances.
2. Determination as to Defendant B’s assertion
A. The summary of the parties’ assertion (1) Defendant B concluded a contract for construction works of this case with E to set forth KRW 230,000,000,000 for the said construction works, and subsequently, Defendant B continued construction works worth KRW 85%, and the additional construction was also carried out.
Defendant B failed to receive the total of KRW 206,806,00,000, as stated in the calculation statement of the attached construction cost.
Therefore, the defendant B has the right to attract the building of this case until he is paid the above price.
(2) Defendant B merely carried out the external brickd and creative construction of the instant building, and the construction cost claimed by Defendant B did not have objective data at the cost of the said Defendant.
Defendant B shall pay 10 million won as the construction cost from E.