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(영문) 서울북부지방법원 2019.06.13 2018가합23975
건물명도(인도)
Text

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

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

3...

Reasons

1. Basic facts

A. Around January 14, 2011, C Co., Ltd. (hereinafter “C”) newly built three 36 households of 4-story apartment houses on the land, including Pyeongtaek-gun, Gangwon-do, and one other on the ground (hereinafter “instant building”).

B. Meanwhile, on January 26, 2011, C concluded a real estate security trust agreement with the Plaintiff on the object of the instant building (hereinafter “instant trust agreement”) and completed the registration of ownership transfer based on the name of the Plaintiff on January 28, 201 and on the same day.

In addition, on November 26, 2007, the registration of ownership transfer was completed in the name of the plaintiff on the ground of the trust in relation to the building of the Fdong Building E Office (hereinafter referred to as "the office of this case").

C. Meanwhile, G Co., Ltd (hereinafter “G”) contracted the construction of the instant building with C, and subcontracted part of the construction work to H Co., Ltd and 37 companies, including H Co., Ltd. (hereinafter “sub-contractor”), but failed to pay the subcontract price.

The sewage companies occupy the instant building. On March 17, 2011, after receiving a direct payment agreement from C to pay the completion payment for the construction work to G directly to the sewage-based company, based on the above direct payment agreement, filed a lawsuit against Suwon District Court for the confirmation of the existence of a right of retention against C such as a claim for construction cost and a right of retention. On September 25, 2012, the said court ordered C to pay the construction payment upon receiving the claim from the sewage-based company, and issued a judgment to confirm the existence of a right of retention for the instant building.

On February 25, 2017, the Defendant acquired a lien on the instant building from H Co., Ltd. that represented sewage suppliers, and occupied the instant building and the instant office.

[Reasons for Recognition] There is no dispute, Gap evidence 1, 2, and Eul evidence 1 and 2.

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