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(영문) 서울중앙지방법원 2017.12.07 2016가합34538
건물인도
Text

1. The defendant points out of the real estate listed in the separate sheet to the plaintiff each point of the attached sheet Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1.

Reasons

1. Basic facts

A. On January 20, 2006, C awarded a contract to the Plaintiff on the construction cost of KRW 13,200,000,000 (including value-added tax, and the construction cost thereafter has increased to KRW 20,824,100,000) for the construction work that newly constructs a sports center building under the name of “E” on the ground of the instant building site (hereinafter “instant building”).

B. The Plaintiff commenced on August 31, 2006 and completed the instant construction on September 17, 2007, and C completed the registration of ownership transfer based on trust to F Co., Ltd. (hereinafter “F”) on the same day after completing the registration of ownership preservation on the instant building on October 10, 207.

C. On May 6, 2008, the Defendant awarded a successful bid in the public sale procedure for the instant building and concluded a sales contract with F on May 6, 2008. On September 1, 2016, the Defendant completed the registration of ownership transfer based on trust with G on the same day after the payment of the purchase price was made in full and the registration of ownership transfer for the instant building was completed.

Around September 1, 2016, the Defendant acquired the ownership of the instant building, and indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 that he/she operated a dental plant among the instant buildings, “one-story dental surgery” in line with each point of the attached Table No. 1, 2, 3, 4, 5, 6

In addition, the remainder of the second floor machinery room in the underground where the plaintiff's employees were stationed and the first floor H in which the plaintiff kept a house was a factory room.

E. On September 2016, the Defendant: (a) replaced the entrance of the instant building and the corrective device on the right side of the door door; (b) filed a lawsuit against the Plaintiff on November 2, 2016, as Seoul Central District Court 2016Kadan525854, demanding delivery of some of the second basements of the instant building.

F. On November 13, 2016, the Defendant entered the instant building and was in use by the Plaintiff’s employees, entirely taking the office of the second floor machinery room.

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