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(영문) 서울남부지방법원 2014.11.20 2013가합107776
건물명도
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination on the instant claim for evacuation of the instant building

A. 1) The Plaintiff’s assertion is as follows: (a) The Plaintiff is a corporation B (hereinafter “B”).

(2) The Plaintiff purchased the instant building and land from B, and the Defendant completed the instant construction by concluding a contract with B for the construction of the instant building. Accordingly, the Defendant bears the duty to deliver the instant building to B, and the Plaintiff, as the purchaser of the instant building, exercises by subrogation the Plaintiff’s right to claim the subject-matter of the instant building, by subrogationing the subject-matter of the claim against B). According to the respective entries, shapes, and arguments, and the entire purport of the evidence Nos. 1, 2, 5, 9-1 through 5, and 4, the following facts may be acknowledged.

(2) On April 15, 2012, the Plaintiff concluded a sales contract with a view to purchasing KRW 770,90,000 [the land 470,900,000, building 300,000, building 300,000 [the land 30,000, building 300,000, building 300,000,000] among the aforesaid 19 factory buildings, which were constructed at the time from B, among the above 19 buildings under construction, the Plaintiff continued to occupy and complete the registration of ownership transfer on the land 830,000 square meters divided from D’s land located within the instant building located within the scope and location of the final sales contract to make it possible to adjust by mutual agreement, and the Plaintiff agreed to survey and divide the land 19,000,000. According to the circumstances that the Defendant continued to occupy and complete the registration of ownership transfer on the land 830,000,00.

B. Determination of the defendant's defense, etc. 1.

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