건물인도
1. The judgment of the court of first instance is modified as follows.
Defendant B Co., Ltd. from Plaintiff 615,081,919 and 2018.
1. Basic facts
A. On October 31, 2018, the Plaintiff is an owner who purchased the instant apartment during the public sale process and completed the registration of ownership transfer. Defendant B Co., Ltd. (hereinafter “Defendant B”) did not receive the construction cost, and concluded a management contract with Defendant C (hereinafter “Defendant C”) by asserting the right of retention on the instant apartment and asserting that the right of retention on the instant apartment was not paid, and occupied the instant apartment.
B. Defendant B’s claim for construction cost 1) J apartment reconstruction and consolidation project association (hereinafter “instant association”).
On July 8, 2011, the first contract for construction was concluded on January 31, 2008, and the second contract was concluded on January 13, 2010, and the second contract was concluded on January 13, 2010. With respect to the construction of J apartment, the construction of which is composed of 101,987.40 square meters in Seocheon-gu, Seocheon-gu and four lots of land outside the 101,987.40 square meters, from the second underground floor, the construction of the F apartment was ordered on June 294, 368,000,000 for the construction cost of the apartment complex including 23 apartment units, 1,613 households, commercial buildings, and kindergarten facilities of the 25th underground floor, and the construction cost was not approved on June 30, 2014 through the construction of the Defendant B, and the approval was not obtained on June 31, 2017.
As of March 31, 2020, the construction cost that Defendant B had not received from the instant partnership is KRW 51,301,071,441.
C. Defendant B’s claim, etc. against the owner of the instant apartment complex 1) L, a member of the instant association, concluded a sales contract for the instant apartment complex among the above apartment complex that Defendant B planned to be newly constructed, and paid the shares of the association members due to the sales contract (hereinafter “M bank”).
From July 31, 2013, a loan of KRW 243,415,00 was extended by the end of July 31, 2013, and Defendant B extended a loan to L M& Bank.