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(영문) 의정부지방법원 고양지원 2018.12.21 2018가합70687
점유 회복(회수) 청구의 소
Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

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

3...

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) and D jointly carried out the construction and sale of electric power resource units on land outside E and one parcel at the time of strike, and D awarded a contract to F Co., Ltd. (hereinafter “F”) for the construction of the foregoing electric power resource units.

The Plaintiff received a subcontract from F on June 2, 2008 for the interior work of the foregoing new building (hereinafter “instant construction work”) in the amount of KRW 935 million for the construction work.

(hereinafter “instant construction contract”). B.

Although the Plaintiff continued the instant construction, it was not paid the construction cost from F until August 2008, the Plaintiff discontinued construction work from around that time, and occupied each building on the attached list, which is the site of construction from around October 17, 2008, along with other subcontractors (hereinafter “instant building”). Since preparing a performance memorandum from D, etc., and resumed construction, the content of each letter was not fulfilled, and again occupied the instant building from January 2009.

C. Around October 14, 2009, D et al.: (a) entered the above construction site with 20 male 20 persons, and went into the said construction site, and forced intrusion into glass pipe, thereby infringing upon the Plaintiff and other construction business operators’ possession; (b) four persons, including the Plaintiff and G corporation, filed a lawsuit against D, C, and H seeking restitution of possession under the 2009Gadan39984.

On March 18, 2011, the above court rendered a ruling to deliver the instant building to the Plaintiff, etc. on the ground that D, C, and H had deprived of possession of the instant building against the Plaintiff’s will. The above ruling became final and conclusive at that time, and the Plaintiff recovered possession of the instant building.

G Co., Ltd. applied for a voluntary auction based on the lien on the instant building, and the voluntary auction was commenced on April 13, 2015 by the District Court of Jungyang Branch I (hereinafter “instant auction”), and the Defendant received a successful bid on February 1, 2017.

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