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(영문) 수원지방법원성남지원 2019.02.20 2017가단22307
건물인도
Text

1. The Defendants jointly do so to the designated parties, and attached Form 1 to the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. In this court’s auction procedure for acquiring the ownership of the Plaintiff and the Appointed, the Plaintiff (appointed party; hereinafter “Plaintiff”) purchased real estate listed in the No. 2 List No. 1 (hereinafter “instant real estate”) and paid the price in full on September 27, 2017, purchased the real estate listed in the No. 2 List No. 1, and paid the price in full on January 26, 2018. The Claimant purchased the real estate listed in the No. 1 List and paid the price in full on November 30, 2017. The Claimant purchased the real estate listed in the No. 1 List and paid the price in full on November 30, 2017

(hereinafter referred to as “each of the above real estates”

around May 2014, F, and G contracted the Defendants with 100 million won among Newly constructed multi-household houses on the H land in Gwangju-si, Gwangju-si, and 270 million won among Newly constructed multi-household houses on the I land in November 12, 2014. (2) The Defendants established a collateral security right on the said I land owned by G in order to secure the payment for each of the above construction works.

3) On October 21, 2015, F and G: (a) completed the registration of initial ownership of each of the instant real estate newly constructed on the said I’s land in the name of J; and (b) on the same day, upon the cancellation of the right to collateral security under the said paragraph (2) from the Defendants, agreed to pay 200 million won out of the respective aggregate construction cost to the Defendants; and (c) settle the remainder of construction cost as KRW 190 million and pay 80 million out of that amount until April 30, 2016; and (d) KRW 110 million until August 30, 2016.

4) Until April 30, 2016, F and G did not pay each of the above framework payments promised as above 3). The Defendants began to possess each of the instant real estate by attaching a banner for exercising the right of retention on May 15, 2016 in order to exercise the right of retention, and thereafter they came to possess each of the said real estate.

On January 2017, the lien was reported in relation to each of the above real estate in the auction procedure of the real estate stated in the port.

[Reasons for Recognition] A.I. to 5.

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