(영문) 서울남부지방법원 2015.06.12 2014가합10985

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(영문) 서울남부지방법원 2015.06.12 2014가합10985

건물명도 등

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1. The Defendant shall deliver to the Plaintiff the fourth floor of 1,930.5 square meters of the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On August 28, 2012, the registration of decision on commencement of voluntary auction (hereinafter “instant auction”) was completed with respect to the buildings listed in the attached list (hereinafter “instant building”). On June 26, 2014, the Plaintiff completed the registration of transfer of ownership due to the sale of the instant building by auction on June 24, 2014.

B. The Defendant currently occupies 1,930.5 square meters of the fourth floor among the buildings listed in the attached list (hereinafter “instant occupied part”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the part of possession of this case to the plaintiff.

3. Judgment on the defendant's defense

A. On the basis of the claim for construction cost of KRW 405,053,40, the previous owner of the instant building, the Defendant commenced possession of the instant part of the building on or around the end of December 201, based on the claim for construction cost of KRW 405,05,053,40, the Defendant asserted that: (a) around January 31, 201, D transferred possession to F, the father of the Defendant’s representative director E; (b) around 2014, F was entrusted with the management of the building to G, who was dismissed, as an employee of F, the former owner of the instant building; and (c) from the end of December 2011, the Defendant continued to possess the Defendant’s possession of the instant part of the building; and (d) accordingly, (c) accordingly, he/she claimed that he/she has a lien on the instant portion

B. According to each of the statements in Eul evidence Nos. 1 through 6, and 9 (including the number in case of each number; hereinafter the same shall apply), it is recognized that the defendant has a claim for the construction price of KRW 405,053,400 against Masung F&C.

However, as to whether the Defendant had commenced possession of the instant building prior to August 28, 2012, the registration of the decision on commencing the auction of the instant building was completed, evidence Nos. 7, 11, and 12.

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