logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.01.28 2014가단15807
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. On June 208, 2008, Hoho Construction Co., Ltd. (hereinafter “Shoho Construction”) concluded a contract with C Co., Ltd. (hereinafter “C”) for remodeling construction of buildings with D, E, 1st underground floor, and 7th floor above ground in Mapo-gu Seoul (hereinafter “C”), and completed the construction, but did not receive the construction cost, and on September 8, 201, in a lawsuit against C against C, the said judgment became final and conclusive, on September 8, 2011, that “C shall pay Hoho Construction KRW 2,600,853,059 and delay damages therefrom.”

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

Ho Ho Construction exercised the lien on the above C building for the security of the above construction cost claim.

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 above C buildings (hereinafter “instant real estate”).

The Defendant, on September 14, 2009, filed a move-in report with the wife F and his children, along with the instant real estate on September 14, 2009, and has resided in the instant real estate since 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 from the construction of Seoho, the lien holder of the instant real estate, and occupied the said real estate while using it within the necessary scope for preserving the real estate after concluding a contract for occupation management on October 2, 201.

arrow