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(영문) 서울서부지방법원 2015.01.28 2014가단15760
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From August 2, 2012, the above A

subsection (b).

Reasons

1. Basic facts

A. A. On June 2008, Hoho Construction Co., Ltd. (hereinafter “Shoho Construction”) concluded a contract with a stock company (hereinafter “Seoul Mae-gu”) to undertake a remodeling project for the building of the 7th floor above the Seoul Mapo-gu, Mapo-gu, C ground ground, and the 7th floor above the ground, but did not receive the construction cost, and the remaining phenomenon was not paid. On September 8, 2011, the judgment of the court below became final and conclusive on September 8, 201, that “Shoe-si will pay to Hoho Construction KRW 2,600,853,059 and damages for delay.”

[This Court 2010 Gohap14711, 201 Gohap4629 (Counterclaim)]

In order to secure the above construction cost claim, the above remaining phenomenon exercised the lien on the building.

C. Meanwhile, the Plaintiff received the registration of ownership transfer on August 2, 2012 with respect to the real estate listed in the separate sheet among the buildings (hereinafter “instant real estate”).

The defendant, on August 11, 2009, filed a move-in report on the real estate in this case and has resided in the real estate in this case from that time to that time.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant occupies the real estate of this case without title, barring special circumstances, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay damages calculated at the rate of KRW 500,000 per month, which is not dispute over the damages equivalent to the rent of the above real estate from August 2, 2012 to the completion date of delivery of the above real estate.

B. Determination as to the Defendant’s assertion is that the Defendant occupied the instant real estate after concluding a contract for occupation and management on September 10, 201 from the construction of Seoho, the lien holder of the instant real estate, and preserving the real estate.

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