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(영문) 울산지방법원 2017.02.10 2015가단12245

건물명도 등

Text

1. Defendant B:

(a) Of the buildings listed in the attached list, each point of the attached sheet No. 1, 2, 9, 10, 10, and 1.

Reasons

1. Basic facts

A. The Construction Co., Ltd. Co., Ltd. (1) possession of part of the apartment of this case (hereinafter “Fusan Construction”) decided to construct and lease J apartment on the land outside 1 and 3 lots of land in Yangsan City (hereinafter “the apartment of this case”). The Hongsan Construction Co., Ltd. (hereinafter “Fusan Construction”) entered into a contract with the Construction Co., Ltd. on October 24, 2003 with the construction cost of the road and parking lot packing work in the apartment of this case as KRW 410 million and carried out the construction work.

(2) On May 1, 2004, Hongsan Construction completed the said construction and delivered the instant construction site to He did not pay the construction cost. The construction site of this case occupied the instant construction site with a letter stating that “I will permit the possession of the instant construction site and not raise any objection thereto until the payment of the construction cost is made.” The construction site of this case is occupied for the purpose of paying the construction cost.

(3) Thereafter, Hongsan Construction filed an application for payment order with the Busan District Court Decision 2006Ra15471 for the payment order for the instant construction payment claim, and on May 26, 2006, the said court issued a payment order with the payment order for the amount of KRW 410 million to Hongsan Construction and the amount of KRW 410 million to the delivery date of the original payment order from January 1, 2004 to the delivery date of the original payment order, and the amount of KRW 20% per annum from the next day to the date of full payment.

B. (1) A citizen bank, a corporation, filed an application for provisional disposition of prohibition of disposal on July 28, 2006, on the ground that the right to claim the registration of the establishment of a mortgage on the Heal Construction as the preserved right with respect to the buildings listed in the separate sheet (hereinafter “the instant commercial building”) around July 2006.