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(영문) 의정부지방법원 2016.11.24 2015가단103913
소유물방해제거 등 청구의 소
Text

1. The defendant shall pay 385,257,399 won from the plaintiff and 170,997,203 won among them from February 6, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On July 1, 2011, the Defendant entered into a contract with C to construct one unit of factory and one unit of housing as construction cost of 50,843,000 won (232,00,000 won per factory, 274,343,000 won per house, appurtenant work 44,50,000 won per house, separate value-added tax, and total construction cost of value-added tax, including value-added tax, shall be 605,927,300 won) on the ground of the land listed in the attached list owned by C (the land category before the land category is changed to land for factory on May 18, 2012; hereinafter “instant land”).

B. In accordance with the above construction contract, the Defendant constructed a 3-story detached housing (10.89 square meters on the first floor, 2-story 112.41 square meters on the second floor, 3-story 61.5 square meters on the ground of the instant land (hereinafter “instant detached housing”) and a 2-class neighborhood living facilities (1st floor, 208.1 square meters on the first floor, 102.6 square meters on the second floor) of the general steel structure reinforced concrete roof.

On April 19, 2012, approval for use was made for each of the above buildings, and on May 7, 2012, each registration for preservation of ownership was completed in the future C, and again, permission for the extension of the second class neighborhood living facilities was completed on May 27, 2013, and the registration for extension was completed on June 26, 2013 for the above buildings (attached Form list).

(Attachment Table 1 does not construct a building at one time and extend the building with the permission of extension separately after obtaining the permission of extension is at the request of the contractor for the reduction of construction costs, etc. and was scheduled from the time of the contract for construction).

On December 15, 2014, the registration of ownership transfer was completed in the Plaintiff’s future on December 15, 2014 with respect to the instant land, the instant building, and the buildings listed in the separate sheet (hereinafter referred to as “each instant building,” and referring only to the buildings listed in the separate sheet, and hereinafter referred to as “instant neighborhood living facilities”) based on public sale as of December 8, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, 1, 15, 15.

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