logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.08.22 2019가단8056
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 (including each number), each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") was owned by D Limited Liability Company (hereinafter referred to as "Specialized Company"). In the case of real estate E compulsory auction by Jeonju District Court E, the plaintiff paid the sale price on November 15, 2018 and acquired ownership by paying the sale price for each of the real estate of this case, and the fact that the defendants currently possessed each of the real estate of this case is recognized.

According to the above facts of recognition, the defendants are obligated to deliver each of the above real estate to the plaintiff, the owner of each of the real estate of this case, unless there are special circumstances.

The Defendants asserted that the Defendant Company C (hereinafter “Defendant Company”) did not receive construction costs equivalent to KRW 2.5 billion from the Nonparty Company in relation to each of the instant real estate, and thus, the Defendants were entitled to possess each of the instant real estate as the lien holder. However, the materials submitted by the Defendants alone are insufficient to recognize the existence of the claim for construction price as to each of the instant real estate, which is the preserved claim under the lien, as alleged by the Defendants, and there is no other evidence to acknowledge this otherwise.

In addition, even if there exists a lien as alleged by the Defendants, according to the entries in the evidence No. 2 submitted by the Defendants, the Defendants, as of December 21, 2018 and January 25, 2019, shall transfer the real estate of this case to the Defendant Company (the person designated by the Defendant Company), and if the Defendant Company pays the Plaintiff KRW 1 billion (90 million as the down payment by April 30, 2019) to the Plaintiff by April 30, 2019, the Plaintiff shall transfer the real estate of this case to the Defendant Company (the person designated by the Defendant Company), and if the Defendant Company fails to pay the said money, the Defendants waive the right to receive the share, such as the lien and the right to lease, and each of the real estate of this case shall be the Plaintiff.

arrow