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(영문) 대전지방법원논산지원 2016.02.04 2015가단20264
건물명도
Text

1. The defendant delivers to the plaintiff the building indicated in the attached list, and from October 1, 2015, the above building shall be transferred to the plaintiff.

Reasons

Basic Facts

A. B (hereinafter “B”) constructed a “C apartment” with a project financing loan from Daejeon Mutual Savings Bank (hereinafter “ Daejeon Mutual Savings Bank”). On June 16, 2005, the Plaintiff and “C apartment” concluded a security trust agreement with the first beneficiary and the debtor as Daejeon Mutual Savings Bank, with respect to the entire sectioned sections of the Plaintiff and “C apartment” as the first beneficiary and the debtor.

B. On June 20, 2005, B completed the registration of ownership transfer in the name of the Plaintiff on the ground of the security trust held on June 16, 2005, as to the entire partitioned buildings of “C apartment” including buildings listed in the separate sheet (hereinafter “instant apartment”), and completed the registration of ownership transfer in the name of the Plaintiff on the same day.

C. B contracted the construction of “C Apartment” to the National Foundation Construction Co., Ltd. (hereinafter “National Foundation Construction”). On January 8, 2005, the National Foundation Construction subcontracted the Defendant the construction of the above New Construction, such as the Doing, decoration, and reinforcement floor (hereinafter “instant subcontract”), and B jointly and severally guaranteed the Defendant of the National Foundation Construction.

On December 16, 2005, the notary public D, a joint office of Chungcheong notary public, drafted an authentic deed of a debt repayment contract with the content that “B, as of December 16, 2005, recognizes that the obligation for the construction cost to the defendant as of December 16, 2005, is 50,000,000 won, shall be set at the maturity date of the payment, May 30, 2006, and the interest rate for delay shall be 25% per annum, and if B fails to perform the obligation, it shall be acknowledged that there is no objection even if compulsory execution is performed immediately.”

(No. 12013, 2005 No. 12013, hereinafter referred to as the "notarial deed of this case"). At that time, E, the representative director B, delivered the key to the entrance of the apartment of this case to the defendant.

E. Since the Defendant made a move-in report to the address of the instant apartment on September 8, 2010, it has resided in the instant apartment.

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