(영문) 창원지방법원 마산지원 2018.12.13 2018가단101867

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(영문) 창원지방법원 마산지원 2018.12.13 2018가단101867

건물명도(인도)

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1. The Defendants are attached Form 2 of the [Attachment 2] List among the real estate indicated in [Attachment 1] to the Plaintiff.

Reasons

1. Examining the purport of the entire pleadings in addition to the statement in subparagraph 1-1-3 of the evidence No. 1-3 as to the cause of the claim, the Plaintiff purchased each of the real estate indicated in the “holding Status Table” column 2 of the attached Table No. 2 (hereinafter “each of the real estate in this case”) from among the real estate indicated in the “Real Estate indicated in the attached Table No. 1” around August 30, 2017, and completed the registration of ownership transfer around August 31, 2017, and each of the instant real estate in this case is recognized as having been occupied by the Defendants as indicated in the “Possession Status Table No. 2” column.

Therefore, barring special circumstances, the Defendants, who possess each of the instant real estate, are obligated to deliver each of the instant real estate to the Plaintiff, the owner of the instant real estate.

2. Judgment on the defendants' assertion

A. The gist of the Defendants’ assertion is that each of the instant real estate was newly constructed by E Co., Ltd. (hereinafter “E”) under a construction contract with F Co., Ltd. (hereinafter “E”), and during that process, the subcontractors of each of the instant new real estate construction works (hereinafter “contractors of this case”) did not receive the construction cost, thereby exercising a lien on each of the instant real estate.

However, before the completion of the new construction of each of the instant real estate, E accepted that the subcontractor shall exercise a lien on each of the instant real estate in the event that the subcontractors are unable to receive the construction cost, and that he shall rent each of the instant real estate and obtain rental profit during the exercise of a lien.

In addition, the Defendants were to possess each of the instant real estate in accordance with a lease agreement with the subcontractor who exercises a lien. The Defendants had a legitimate title to possess each of the instant real estate in relation to the Plaintiff, who is the owner of each of the instant real estate.

(b) The determined lien holder may lease the object to another person without the consent of the debtor or owner.

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