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(영문) 울산지방법원 2015.10.20 2015가단50452
건물명도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. G contracted the construction of 8 households of the H building in Ulsan-gu, Ulsan-gu (hereinafter “AB”) and 8 households of the building I of the building in Ulsan-gu (hereinafter “B-dong”). On November 23, 2011, J subcontracted the Plaintiff the structural construction of 410 million won out of the said construction, and G guaranteed the Plaintiff’s obligation to pay the construction cost.

B. The Plaintiff completed the said structural frame around December 201.

On March 15, 2012, the Plaintiff received KRW 150 million out of the construction cost, and the Plaintiff received KRW 501 mobile 501 (150,000,000,000,000 won as collateral payment - KRW 62.5 million as collateral payment - KRW 62.5 million as collateral payment - KRW 55 million as part of the construction cost.

Therefore, the plaintiff's claims against G and J are 164 million won.

C. The Defendants acquired the ownership of each of the loans stated in the purport of the claim on November 2014 and December 12, 2014 (hereinafter “the loans of this case”) by sale at a voluntary auction procedure (Ulsan District Court K). From that time, the Defendants occupied the lending from around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1-6, Gap evidence 2, the purport of whole pleadings

2. Assertion and determination

A. (1) The Plaintiff exercised the lien on the instant loan in order to secure the claim for construction cost of KRW 164.5 million.

In other words, prior to the commencement of the above voluntary auction procedure, the Plaintiff received the key of the entrance door of the Ba of this case from G and J, attached a notice to exercise the right of retention on each entrance of the Ba of this case, and was exercising the right of retention by occupying and managing the Ba of this case by installing the banner at the entrance of the Bara building and permanently staying in the container installed at the Mala.

The Defendants, around November 2014, 10 male 10 male 20-30 male string the string door of this case, destroyed the corrective and security devices of the string door of this case, and deprived the Plaintiff of the Plaintiff’s possession at the end of the dispute with the Plaintiff.

Shedly, at the time of sale by the Defendants, the Plaintiff is deemed to have been sold.

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