beta
Text
1. The defendant
(a) deliver each land listed in [Attachment 1 and 2] to the plaintiffs;
B. Attached Form A to the Plaintiff.
Reasons
1. Facts of recognition;
A. (1) On May 7, 2010, Plaintiff New Machinery Industry Co., Ltd. (hereinafter “Plaintiff”) received KRW 35,000,000 for the construction cost, which installed the main gate and fence on the boundary of each land listed in the separate sheet Nos. 1 and 2 (hereinafter “instant land”).
(2) Accordingly, the Plaintiff Company completed the installation of the main gate and fence, but did not receive the construction cost from C.
B. (1) On May 10, 2009, D entered into a contract with C to fill the instant land and construct a new building listed in Section 3 of the attached Table (hereinafter “instant building”) and complete the construction. However, as D did not receive construction cost of KRW 150 million, D occupied the instant land and buildings and exercised a lien.
(2) On August 13, 2012, D transferred the claim for construction cost of KRW 150 million against C and the right of retention to the Plaintiff (former name E) to the Plaintiff (former name E), and C accepted the transfer of the said claim, etc. on August 25, 2012.
(3) On January 22, 2014, Plaintiff A delegated the Plaintiff Company with the authority to exercise the lien on the instant land and building.
C. The Plaintiff Company kept one container installed on the instant land while doing installation of fences and gates, and marked that it is a lien exercise on the fence or gate, and occupied the instant land and buildings by placing the gate in a locked manner.
On the other hand, on December 23, 2013, the defendant was awarded a successful bid and completed the registration of ownership transfer on the same day. On February 3, 2014, the defendant added 25 meters and two iron gates installed by the plaintiff company using heavy equipment, and since the commencement of occupation of the land and buildings in this case by moving containers installed by the plaintiff company out of the land in this case, it has been occupied until now.
[Ground of recognition] There is no dispute.