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(영문) 서울중앙지방법원 2014.11.14 2013가합560708
건물명도
Text

1. The Defendant: (a) the second basement 330.60 square meters, the first basement 895.68 square meters, the first story 598.67 square meters, and the second story, among the buildings listed in the attached Table 1 list, to the Plaintiff.

Reasons

1. On May 27, 2013, the Plaintiff was awarded a successful bid for the above building and site in the Chuncheon District Court’s voluntary auction procedure with respect to the building and site listed in the separate sheet No. 1 (hereinafter “instant building”) on May 27, 2013. The Defendant did not have any obligation to deliver the above portion of the building No. 328.19 square meters, four stories, five stories, five stories, five stories, one story, 598.67 square meters, two stories, 631.36 square meters, and three stories, five stories, five stories, five stories, five stories, five stories, five stories, five stories, five stories, five stories, five stories, five stories, and one story, among the instant buildings, to the Plaintiff, and the Defendant did not possess any special circumstance between the parties to the instant building No. 1 and the Defendant No. 2715,7,717 square meters and six stories; barring any special circumstance, the Defendant did not have any obligation to transfer the aforementioned portion of the building No. 1 to the Plaintiff.

2. Judgment on the defendant's defense

A. The summary of the defendant's defense (hereinafter "E") entered into a contract for remodeling construction on February 15, 2010 with D (hereinafter "D") and completed the above construction work, but it did not receive KRW 520 million out of the construction cost of KRW 650,000,000, and held a lien (hereinafter "the first lien"), and ② On August 20, 2010, E Co., Ltd. (hereinafter "E") entered into a contract for remodeling construction on the first floor and the third through the sixth floor of the building of this case with D (hereinafter "D"), but it was not legally entitled to receive KRW 80,000,000 out of the construction cost of the building of this case, and thus, it was established as a lien on the above construction cost of KRW 88,00,000,000 among the above construction cost of the building of this case. Since the defendant occupied the above construction cost of KRW 650,000,000 from E4.84.

B. The building of this case, which was recognized.

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