건물명도
1. Of the judgment of the first instance court, Defendant B Co., Ltd., Defendant (Counterclaim Plaintiff, Appointed Party) D, Appointer E, F, G, and stock company.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. At around July 2005, I received the transfer of the name of the owner of the building that was being newly constructed on the land outside J of Chungcheongnam-gun, Chungcheongnam-do, and one parcel (hereinafter “instant land”) (hereinafter “instant building”); and I’s wife K completed the registration of ownership transfer on the instant land due to the sale by voluntary auction on September 21, 2007.
B. At around April 2008, I and K (hereinafter referred to as “I”) entered into an agreement with L and K to divide profits after completion of the construction of the instant building by bearing 50% each of the costs of the instant building construction in order to resume the instant building construction (hereinafter “instant agreement”).
After that, on April 24, 2008, a contract agreement on the instant building construction (hereinafter “the first contract agreement”) was drafted as follows: “I, the contractor, the Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”), the contract amount of KRW 2,919,00,000 (excluding value-added tax), May 9, 2008 for the commencement of the construction, and November 30, 2008 for the completion of the construction of the instant building.”
C. On May 19, 2008, L again entered into an agreement with the Defendant Company on the purchase cost, etc. of steel bars among the construction cost to be paid by L under the instant agreement between the Defendant Company and the Defendant Company, but the Defendant Company entered into an agreement on the division of 30% out of 50% of L equity under the said agreement into between the Defendant Company and the Defendant Company (hereinafter “instant two agreement”).
I, as L did not perform the obligations stipulated in the instant 1 arrangement, around August 2008, completed the instant building construction at M and M’s expense, M acquired ownership of the instant land and the instant building from M, and I concluded an agreement with M to receive KRW 803,00,000 from M to receive KRW 803,00,000 from the price of the instant land, etc. (hereinafter “instant 3 agreement”), and notified L on September 21, 2008 to the effect that L would terminate the instant 1 agreement on the ground that it did not perform the instant 3 agreement.
E. M results in the suspension of the instant building construction due to the construction cost.