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(영문) 부산지방법원 동부지원 2018.02.22 2017가단3187

건물명도

Text

1. The Defendant shall deliver to the Plaintiff the attached real estate, and KRW 200,000 per month from August 12, 2015 to the delivery date.

Reasons

1. Basic facts

A. On August 11, 2015, the Plaintiff purchased the real estate indicated in the separate sheet (hereinafter “instant real estate”) from D, the former owner, in KRW 35,342,860, and completed the registration of ownership transfer on August 12, 2015.

B. The amount equivalent to the monthly rent of the instant real estate is KRW 200,000.

C. The Ftel, including the instant real property, is an aggregate building located in Gtel (hereinafter referred to as “Gtel”) and Natel (hereinafter referred to as “Gtel”).

On October 2003, the non-party A entered into a contract for the new construction of Ftel and Gtel with the Ktel, and around March 2004, H suspended the construction of Ftel with the Ftel with the view to first proceeding the Ftel construction of the 7th floor at the time of the H, and ordered the non-party J to construct the Ftel construction.

E. On August 2004, the Defendant was awarded a subcontract by J for the Ftel Chang Lake Construction Work at the rate of 60 million construction cost.

F. On November 3, 2004, H changed the name of the owner of Ftel to Nonparty K (State) in order to raise the construction fund. On November 3, 2004, H filed a lawsuit, such as cancellation of registration of ownership of Ftel, which was completed in the name of Dong Branch of Busan District Court 2008Gahap3083, K (State) and received a final decision in favor of the owner on September 201.

G. On September 23, 2011, the Defendant filed a lawsuit against KJ against KL, the representative of KJ, seeking payment of the Ftel construction cost of KRW 60,000,000,000,000 from the same court, and rendered a favorable judgment ordering KJ to pay “60,000,000 won and the amount equivalent to 20% per annum from July 22, 2011 to the date of full payment.”

H. On September 5, 2012, the Defendant, along with Nonparty M, concluded a sales contract with H and Ftel to purchase KRW 1.1 billion in the name of the L and Ftel, but was released by delay in the payment of intermediate payments with only KRW 100 million out of the purchase price.

(i) Ftel is under the name of H around 2013.