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(영문) 서울고등법원 2015.04.08 2014나29423
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

Defendant:

A. The real estate listed in the separate sheet No. 1 to the Plaintiff A, B.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) E Co., Ltd. (hereinafter “E”) newly built G, a five-story neighborhood living facility (hereinafter “the instant condominium building”) on the F ground of the member-gu Seoul Metropolitan Government, Ansan-si, and the registration of initial ownership of the instant condominium building was completed on June 8, 2004 due to the commission of provisional attachment registration.

(2) In the procedure of the Suwon District Court auction of H Real Estate for the divided buildings in the instant aggregate building, Plaintiff A entered in the attached Table 1 list (hereinafter “instant 208”), and Plaintiff A acquired each ownership on August 2, 2012, each of the instant 408, 409, 410, and 501, each of the instant 408, 409, 410, and 501, which are the real estate listed in the attached Table 2 list, and Plaintiff A acquired each of the instant 1, 205, 209, 209, 200, 300, 300, 300, 300, 3000, 3000, 200, 3000, 200,000,000,000,000,000,000).

(3) The defendant currently occupies each of the sections of this case.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 3, 6, 11, 12, 13, and 14, the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the defendant has the duty to hand over the plaintiff Gap Nos. 208, 205, 209, and 408, 409, 410, and 501 to the plaintiff Eul.

2. Judgment on the defendant's right of retention defense

A. The defendant's argument asserts that since the defendant has occupied each of the instant partitioned buildings in order to secure the claim for construction cost arising from the instant condominium buildings, there is a legitimate right to possess them as the lien holder, and therefore, it is impossible to comply with the plaintiffs' request for delivery until the construction cost is paid.

(b) fact of recognition (1);

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