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(영문) 서울남부지방법원 2017.10.12 2016가합112014
점유회복청구의 소
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

Based on facts, the Plaintiff, such as the status of the parties, etc., was the owner of the real estate listed in the [Attachment List No. 1] (hereinafter “instant land,” and Articles 2 through 22 of the above Schedule No. 2, “instant building”) as the owner of the instant building. (B) On January 17, 2007, Daol Real Estate Trust Co., Ltd. completed the registration of ownership transfer based on the trust on the instant land.

It is a creditor who has a claim for construction cost, such as described in the paragraph.

D is one of the co-representative directors of the defendant.

Around May 15, 2007, the Plaintiff (formerly, Company E) entered into a subcontract for the part of the soil and facility construction among the new construction works of the instant building, and completed the said construction work on July 30, 2007.

The Plaintiff filed a lawsuit claiming for the payment of KRW 106,80,000 and damages for delay against C, the main contractor of the said construction, and the damages for delay thereof, with respect to C, the Plaintiff filed a lawsuit with respect to the said construction. On December 16, 2010, the Suwon District Court rendered a judgment accepting the Plaintiff’s claim on December 16, 2010 (Seosan District Court Decision 2010Gahap6434, hereinafter “instant claim for construction payment”).

On March 21, 2012, the Plaintiff had filed a request for auction (F) based on a lien on the instant land and buildings with the claim for construction cost of the instant case as the secured claim, and received a decision to commence auction on May 2, 2012.

On March 11, 2013, this Court rendered a decision to revoke the part concerning the instant building among the instant decision to commence the auction.

On September 4, 2015, the judicial assistant officer of this court revoked the above decision of commencement of auction and dismissed the plaintiff's request for auction on the ground that the plaintiff's possession and lien cannot be recognized as to the land of this case.

The plaintiff filed an immediate appeal against the above decision.

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