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(영문) 창원지방법원밀양지원 2013.12.18 2011가단4294

건물명도등

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. Of the costs of lawsuit, the part resulting from the participation.

Reasons

1. Basic facts

A. On April 14, 2001, Non-Party D Co., Ltd. (hereinafter “D”) acquired and proceeded with the construction business of the E Apartment-gun, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 3, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 2, Non-Party 3, Non-Party 2, Non-Party 2, Non-Party 3, Non-Party 2, Non-Party 3, Non-Party 2, Non-Party 3, Non-Party 2, Non-Party 3, Non-Party

B. On July 4, 2011, the Plaintiff completed the registration of ownership transfer with respect to the instant building on the grounds of sale with F on July 29, 2011.

C. Meanwhile, from around 1995, G G, the father of the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) served as a guard and manager at the construction site of the above E apartment from around 1995, and directly performed construction work upon entering into a subcontract for some of the above E apartment construction works, such as new city and Domke construction at the above construction site. During that process, around 1995, the sales contract for the instant building was prepared between the Boan Construction Corporation and its family members, and resided in the instant building from around that time until the death.

In addition, G filed a claim against D for the agreed amount on the grounds that there was an agreement on the payment of wages, bonuses, and construction cost (Seoul District Court Decision 2005Gahap4994) from the above court on June 30, 2006 and filed a claim against D on June 30, 2006 (i.e., 115,000,000 won and 104,000,000 won out of them (i.e., wages and bonuses - construction cost of 120,000,000 won - 11,00,000,000 won - Partial repayment of 16,00,000 won - From July 12, 2005 to June 30, 2006; and 20% interest per annum from the next day to the date of full payment; and 30% interest per annum from September 10, 2004 to the date of full payment.