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(영문) 전주지방법원 정읍지원 2017.01.18 2016가합269
점유회수(건물명도)청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. As to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. B: (a) The real estate indicated in paragraph (1) of the attached Table No. 1, which was constructed on the ground of the previous building located on four lots, such as the 625m2, 624m2, E, 625m2, F, and 625m2, located on the ground of the previous building, on the land of the 4 premises located in the Cheongdong-gun, Chungcheongnam-gun, the Cheongdong-gun, the 2m2; (b) the real estate indicated in paragraph (2) of the attached Table No. 2, which was constructed on the D’s ground, shall be the “instant 1m2; (c) the building constructed on the E’s ground; and (d) the building constructed on the F’s ground shall be the “instant 3m2,” and (c) the “each of the instant buildings”.

On April 12, 2013, the construction contract was concluded between Cheongho Construction Co., Ltd. and the Plaintiff on April 12, 2013 with respect to the completion of each of the instant buildings (hereinafter “instant construction”) at KRW 1,509,000.

B. On October 31, 2013, the Plaintiff entered into a subcontract with G with the amount of KRW 670,000,000 for the construction cost as to the swimming pool, painting, ancillary civil works, furniture, and other works during the instant construction.

C. However, on November 14, 2013, with respect to the instant 1, 2 buildings, the former District Court rendered a decision to commence compulsory sale of H&A branch on the instant 1, 201. In the said auction procedure, the Defendant was selling the instant 1, 2 buildings in full and completed the registration of ownership transfer on the instant 1, 2 buildings on July 18, 2014.

Meanwhile, in the above auction procedure on the instant building 1 and 2, the Plaintiff reported the right of retention on January 19, 2014 with the claim for construction cost equivalent to KRW 1,509,00,000 for the instant construction work as the preserved claim, and G reported the right of retention on February 17, 2014 with the claim for construction cost equivalent to KRW 451,178,535 for the said subcontracted work as the preserved claim.

E. After that, between G and G on January 5, 2016, the Defendant entered into a contract with the construction cost of KRW 400,000 with respect to the termination works of the instant building 1,2,00,000, and G signed a contract on February 16, 2016.

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