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1. The defendant shall display the attached drawings on the five floors among the real estate listed in the attached list to the plaintiff (1), (2), (3), (4), (5), and (6).
Reasons
1. Facts of recognition;
A. With respect to the real estate listed in the separate sheet (hereinafter “instant building”), on August 20, 2009, the entry registration following the voluntary decision to commence auction at this Court C was completed on October 20, 2009, and the entry registration following the voluntary decision to commence auction was completed on October 20, 2009, and on November 5, 2012, the ownership transfer registration was completed in E’s name on the ground of sale by voluntary auction.
나. 그 후 주식회사 와앤앤씨가 2013. 11. 6. 이 사건 건물에 관하여 같은 일자 매매를 원인으로 소유권이전등기를 경료하였고, 원고가 2014. 3. 3. 위 건물에 관하여 2014. 2. 24. 매매를 원인으로 소유권이전등기를 경료하였다.
C. The Defendant occupies the portion (A) 64.08 square meters in the ship (hereinafter “the part (A)”) connected with each point of the five stories among the instant building.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, 3, each entry, and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the part of the building of this case to the plaintiff, except in extenuating circumstances.
3. Judgment on the defendant's defense
A. The Defendant’s defense F Co., Ltd. (the Defendant is the actual owner, and G, the representative director, is the Defendant’s living together; hereinafter “F”) was awarded a contract with H and I for construction cost of KRW 1,370,000,000 for the extension of the building from the third to fifth floor, around May 2007. The Defendant started construction as the agent of F in form and suspended construction work by November 2009, while the Defendant started construction work with approximately KRW 90% until November 2009.
Therefore, the defendant is about 1.2 billion won (1.37 billion won x 90% x 1.3 billion won) with respect to the building of this case.