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(영문) 수원지방법원 2018.06.08 2018가단1939
건물명도(인도)
Text

1. Defendant B shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The Plaintiff’s claim against Defendant C.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed the registration of ownership transfer concerning the instant building on December 5, 2017.

B. The Defendants occupy the instant building.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to deliver the instant building to the Plaintiff, except in extenuating circumstances.

3. Determination as to Defendant C’s assertion

A. Defendant C’s assertion that goods or construction cost claim for the instant building, as well as Defendant C’s claim is exercising the right of retention on the basis of the claim for additional construction cost incurred in order to maintain the instant building. Thus, the instant building is occupied by lawful title.

B. In full view of the overall purport of each of the statements and arguments stated in Eul evidence Nos. 1, 2, 3, and 4-1, 2, and 3 as to the building of this case at the time of the construction of the new building of this case, the defendant C can recognize the fact that he occupies the building of this case upon delegation of the lien-related work of D, Co., Ltd., E, and F Co., Ltd., which have the right to purchase the building of this case at the time of construction of the new building of this case

As to this, the Plaintiff asserts that even if Defendant C possessed the building of this case on the basis of the right of retention, insofar as the existence and possession of the building of this case were not equipped with the right to use the land for the existence of the building of this case, and as such, they constitute tort against the transferor of the building of this case, such right of retention cannot be asserted.

A landowner shall be entitled to request the owner of a building to remove the building and deliver the site even in cases where the owner of a building has no right to use the land for the existence of the building, if a person other than the owner of the building occupies the building.

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