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(영문) 서울고등법원 2015.06.17 2014나61984

점유회수

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1. All appeals filed by the Plaintiff (Counterclaim Defendant and Selection Party) are dismissed.

2. The costs of appeal are assessed against the Plaintiff-Counterclaim Defendant.

Reasons

1. Basic facts

A. 1) Sung Construction Industry Co., Ltd. (hereinafter “Ssung Construction Industry”).

2) The main sentence of the Special Act on the Construction of the Special Act on the Construction of the Special Act on the Construction of the Special Act.

(E) The real estate listed in the separate list on the land outside E and eight parcels in official land (hereinafter referred to as the “instant apartment”).

(2) The construction of the new site of this case was subcontracted to the Plaintiff and the designated parties (hereinafter collectively referred to as the “Plaintiffs, etc.”). The Appointee A entered into a subcontract on the construction of the new site of this case under the name of F with respect to the construction of the area of the area of the area of the mountain, the area of which is KRW 275,00,000 for the construction of the area of the area of the area of the mountain, the area of the area of which is KRW 27,200,000 for the construction of the area of the area of the area of the mountain, the area of the area of the area of the area of the area of the area of the land and the installation of the facilities on October 10, 208.

C) On September 10, 2009, the Plaintiff entered into a subcontract with the contract amount of KRW 410,000,000 for the electricity and telecommunication works, respectively, and on February 5, 2010, the Plaintiff entered into a subcontract with the contract amount of KRW 57,240,000 for the electricity and fire-fighting installation works, respectively.) Selection D entered into a subcontract with the name of G on the construction of the mountain area comprehensive and the Changho Lake Corporation in the name of G.

B. Around April 27, 2009, Sungdong Construction Industry acquired the instant apartment construction from the Construction of the YYA and completed each registration of the ownership preservation on the instant apartment on November 8, 2010. 2) Sungdong Construction Industry entered into a trust agreement on the instant apartment on November 16, 2010 and completed each registration of ownership transfer on November 17, 2010 with respect to the instant apartment.

3 The Incheon Savings Bank, the first priority beneficiary of the above trust contract, is the Sung Construction Industry.