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(영문) 인천지방법원 2016.11.25 2016가단43482
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

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

3.Paragraph 1.

Reasons

1. Facts recognized;

A. The Plaintiff purchased the real estate indicated in the attached Form (hereinafter “instant real estate”) in the procedure for the public sale of trusted real estate, and completed the registration of ownership transfer in the name of the Plaintiff on September 12, 2016.

B. The defendant occupies the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the building of this case to the plaintiff, the owner of the building of this case, unless there are special circumstances.

B. The Defendant’s assertion and its determination (1) as to D, the owner of the instant real estate, has a claim for the construction cost arising from the instant real estate as to D, and the above claim is a secured claim, and is exercising a lien while occupying the instant real estate. However, the Defendant, who is the land, occupies the instant real estate in lieu of the Defendant.

Therefore, the defendant who occupies the real estate of this case instead of the lien holder C has the right to possess the real estate of this case.

(2) Comprehensively taking account of the overall purport of the pleadings in the statements Nos. 1 through 3 and 5 of the judgment, C entered into a contract with D on November 15, 2009 with respect to Changho Construction among multi-household construction projects on the land of Gyeyang-gu Incheon, Incheon, including the instant real estate, with the cost of construction KRW 172,50,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000

Since the plaintiff asserts that the above bonds have expired by prescription, as seen earlier, the above construction was completed on August 16, 2010 and the due date for the payment of the construction price claims has arrived at that time, and Article 163 of the Civil Act of three years thereafter.

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