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(영문) 서울중앙지방법원 2019.05.07 2017가단5183176
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In Seoul Special Metropolitan City, Seoul Special Metropolitan City, the building of 2,335 square meters (hereinafter “instant land”) and its ground was owned by the Defendant. The Defendant, while carrying out the business of rebuilding and selling the said building, completed the trust registration in D on April 6, 2007 as to the said land and building.

B. On April 5, 2007, the Defendant entered into a construction contract with E Co., Ltd. (hereinafter “E”) on the instant land for the construction work of constructing a commercial building on the seventh floor above the second floor above the instant land (hereinafter “instant construction work”) with the construction work cost of KRW 8,859,60,000, and the construction period of KRW 11 month from the commencement date of construction.

C. On May 29, 2007, E subcontracted to F Co., Ltd. (hereinafter “F”) KRW 1,100,000,000 during the instant construction to F, and F, on May 30, 207, re-subcontracted the said soil construction to G Co., Ltd. in KRW 990,000,00.

The instant construction was suspended due to the financial difficulties of E and the completion of the structural construction around June 2009.

E. On the other hand, around September 16, 201, between the Plaintiff and the Defendant, a written contract for construction works between the Defendant and the Plaintiff (hereinafter “instant contract”). Around September 16, 201, a written contract between the Defendant and the Defendant to conclude a contract with the Plaintiff for construction works at KRW 7,350,309,310, and eight months from the date the construction period begins (hereinafter “instant contract”).

F. On November 1, 2011, the Defendant consented to the Plaintiff’s use of part of the building under construction (hereinafter “instant building”) on the instant land (hereinafter “instant building”) and issued a written consent to the use of the building (hereinafter “written consent to the use of the instant building”) with the following content to the Plaintiff. The Defendant was notarized on December 1, 201.

The defendant is the owner of the building in Gwanak-gu in Seoul Special Metropolitan City and the owner of the building in Seoul Special Metropolitan City, and the following uses the building owned by the defendant, see the affairs of the consent.

1. A building;

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