(영문) 수원지방법원 2019.02.13 2018가합21343

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(영문) 수원지방법원 2019.02.13 2018가합21343

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 93,130,978 Won and this shall apply.

Reasons

1. Basic facts

A. 1) Co., Ltd. (Representative Director D, hereinafter “C”)

(E) On December 24, 2012, E Co., Ltd. (hereinafter “E”)

312 square meters (attached Form No. 1; hereinafter “instant land”) on F miscellaneous land in the Sungsung City, which is owned by the said D, shall be deemed to be the instant land.

2) On the ground, the instant building is collectively referred to as “instant building,” and the instant land and the instant building are collectively referred to as “each of the instant real estate,” in which the instant real estate and the instant building are collectively referred to as “each of the instant real estate” in the instant land and the instant building.

(2) The construction contract was concluded between G and H on January 4, 2013, with the content that the construction cost of the new construction is KRW 1,035,000,000,000 for the construction period, and the construction period is fixed from December 24, 2012 to May 30, 2013. 2) E entered into a construction contract with the owner of the construction project, setting the construction cost of KRW 1,03,000,000 for the new construction of the instant building between G and H, and the construction period from January 7, 2013 to July 30, 2013.

3) C) On March 29, 2013, C Co., Ltd. I (hereinafter “I”)

(2) On October 29, 2014, the Plaintiff and the owner of the instant new building owned a lien of KRW 490,000 and KRW 490,000,000 as the claim for the construction cost of the instant new building between G, J and the Defendant, with respect to the instant new construction project as the other party, within 15 days after the completion of the framework construction, and the remaining construction cost is paid according to the nature. G, J and the Defendant, and J have the right of retention as the claim for the construction cost of the instant new construction project between the Defendant and the Defendant on October 29, 2014.

2. The transferor shall transfer to the transferee (G and J) the claims under the above 1., and the transferee shall take over them.

3. The transferor transfers his right to possession of the building of this case to the transferee of the claim under the above 1.1. At the same time, the transferor transfers his right to possession of the building of this case with the claim secured.

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