logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.21 2017가단5175953
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On July 25, 2011, the Plaintiff acquired approximately KRW 22.2 billion from D Co., Ltd.’s claim for construction price from D Co., Ltd., and acquired possession of the buildings indicated in the attached Table, which exercised the lien with the aforementioned claim for construction price as preserved bond (hereinafter “instant building”).

Accordingly, the plaintiff was granted the succeeding execution clause to the Daegu District Court's Young-gu District Court's Young-gu District Court's Young-gu 2007 1.

B. On July 25, 2011 to September 5, 2017, the Plaintiff: (a) installed a lock at the entrance of the instant building; (b) installed a surveillance camera at the ceiling on the entrance door; and (c) attached a warning at the entrance that “I will be prohibited from unauthorized entry without prior permission, during the exercise of the right of retention. I occupy the instant building.”

C. The Plaintiff reported to the lien holder of a cost amounting to 500 million won in the instant case of a real estate rental auction (F) on the instant building. On August 21, 2017, the Plaintiff filed an application for auction with the lien holder on August 31, 2017, and received the decision to commence auction (G) from the court.

Defendant B, on July 12, 2017, was awarded the contract for the instant building in the case of a real estate auction (F of this Court) and Defendant C was put to Defendant B.

Defendant B’s application for the delivery order of real estate as of August 22, 2017 to the instant building was dismissed.

E. From around 01:20 to 06:00 on September 5, 2017, the Defendants entered the door through the windows located in the passage of the instant building, and opened a door and opened a locking system until now.

On December 27, 2017, the prosecution filed a claim for a summary order (three million won of fine) with Defendant C as a crime of intrusion upon a structure.

[Evidence Evidence] Uncontentious Facts, Gap 1-13, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Defendants were deprived of the Plaintiff’s possession of the instant building on September 5, 2017, and on September 12, 2017, one year from the invasion date.

arrow