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(영문) 인천지방법원 2019.11.28 2018가합56670
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant C’s KRW 64,886,780 as well as 5% per annum from October 8, 2018 to November 6, 2019.

Reasons

1. Basic facts

A. On June 25, 2015, Defendant C completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and thereafter, Defendant C registered its business with D’s trade name from each of the instant real estate since that time. Defendant C established Company E (Representative Director C), and operated manufacturing business, such as manufacturing machinery.

B. On October 13, 2016, the registration of the entry of the decision on voluntary commencement of auction to the Incheon District Court F on October 13, 2016, the entry of the decision on commencement of compulsory commencement of auction to the same court G on October 10, 2017, and the entry of the decision on commencement of compulsory commencement of auction to the same court H on November 20, 2017, respectively.

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

In the instant auction procedure on October 24, 2016, J engaged in the construction business under the name of I, concluded a contract for factory repair and extension work with Defendant C on June 25, 2015, and completed part of the construction work after which it entered into a contract for the construction work with Defendant C on the building listed in attached Table 2 (hereinafter “instant building”). However, Defendant C did not receive construction payment of KRW 229,870,000 from Defendant C, and on November 4, 2015, Defendant C entered into a lien contract with Defendant C to exercise a lien on the instant building until the construction payment is fully paid, and the said lien contract entered into between Defendant C and Defendant C on November 4, 2015 with the effect that it exercises a lien by occupying the instant building in accordance with the above lien contract.

On April 3, 2018, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff, which was based on the sale due to voluntary auction on the same day, in the instant auction procedure on April 3, 2018.

E. I (the name of the business operator is J, but the actual operator is K) has claimed as the lien holder with respect to the building of this case as described in the above sub-paragraph (c), but the Plaintiff J. 28 August 2018.

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