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(영문) 서울중앙지방법원 2015.07.07 2014가단163565
건물명도등
Text

1. The Defendants shall deliver to the Plaintiff’s Intervenor the real estate indicated in the attached Form.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. On November 26, 2012, the Plaintiff’s succeeding intervenor acquired real estate listed in the separate sheet (hereinafter “instant real estate”) and entrusted the instant real estate to the Plaintiff’s Life Real Estate Trust Co., Ltd. (hereinafter “Life Real Estate Trust”) with the consent of the Defendants after the succeeding intervenor’s participation, and held the ownership of the instant real estate as of October 23, 2014, as the trust contract was terminated.

B. On May 10, 2012, the Defendant-based company (hereinafter “Defendant-based company”) concluded a contract with the Defendant-based real estate trust (hereinafter “Defendant-based company”) on June 10, 2011, but did not receive any balance of 88,023,000 won out of the construction cost, and filed a lien report accompanied by a power of attorney to delegate all rights, such as possession rights, to Defendant-based real estate until the payment of the construction cost.

C. Defendant A, along with Defendant B, has occupied the instant real estate by filing a move-in report on February 27, 2012 with the instant real estate.

[Reasons for Recognition] The descriptions of Gap evidence 1, Eul evidence 4-1, Eul evidence 2, Eul evidence 5, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Defendants asserted that the Plaintiff’s assertion of the parties to the instant claim for the delivery of the instant real estate by the Plaintiff’s succeeding intervenor is exercising the right of retention, and the Plaintiff’s succeeding intervenor cannot claim the right of retention since the Defendant had renounced the right of retention.

B. (1) The Korea Housing Guarantee Insurance Co., Ltd. (1) acquires a C apartment (hereinafter “instant apartment”) and a business license, etc. on May 24, 2010 when the failure to pay for the Housing Construction Co., Ltd. (hereinafter “Housing Construction”) occurred.

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