beta
(영문) 울산지방법원 2016.02.17 2014가합7342

건물명도

Text

1. The defendant,

A. Of the two real estate listed in the separate sheet No. 1, 2, 3, 4, 5, 6, 28, and 1 of the Attached Map No. 1 among the two real estate listed in the separate sheet No. 1.

Reasons

Basic facts E is a multi-family house [the instant building] between the Defendant and the above land [the instant building] on the ground attached Table No. 1 real estate (hereinafter referred to as “instant building”) on the instant land between the Defendant and the Defendant around April 2012, holding a house under the said title, possessing a H large scale of 250 square meters and an I large scale of 474 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, and a large scale of 474 square meters (each of the above land is equivalent to the H large scale 724

(A) On the first ground, the construction contract was concluded for the construction project of this case (hereinafter referred to as the “construction project of this case”).

The construction contract of this case was scheduled to begin on April 2012 and completion on September 201 of the same year, and the total construction cost is specified as follows, and the specific amount and time is as follows. In the event of delay in the payment of construction cost, delay damages calculated at the rate of 24% per annum from the two months after completion to the date of completion shall be paid in addition to the delay damages calculated at the rate of 24% per annum.

The remainder of KRW 606,620,000 (which is possible to change the amount) intermediate payment of KRW 30,000,000 (the intermediate payment of KRW 170,000) (the intermediate payment of KRW 170,000) was paid first after completion of the building, and the unpaid amount was paid first to the contractor, and the contractor shall be paid to the contractor; two months); on November 22, 2013, the entry registration of the decision to commence the auction (hereinafter “the entry registration of this case”) was completed on each building of this case at the request of the JJ, a mortgagee of the building of this case; on November 27, 2013, the Defendant reported that there was a claim for the construction cost of KRW 470,000,000 for each building of this case.

On February 21, 2013, the instant building No. 1 was registered without obtaining approval for use under the Building Act due to the commission of the registration of provisional seizure on February 21, 2013. Plaintiff B acquired the instant building No. 1 at a voluntary auction on September 25, 2014, and the Plaintiff Intervenor purchased the said building on December 19, 2014 and registered the ownership transfer on December 22, 2014.

참조조문