logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.06.20 2017가단523548
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate indicated on the attached real estate.

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

Reasons

1. Facts of recognition;

A. On May 26, 2017, the Plaintiff purchased, and completed the registration for transfer of ownership, real estate indicated in the attached real estate indication (hereinafter “instant building”) from among C multi-family housing newly constructed in Hysung City B in the public sale process.

B. The defendant occupies the building of this case through D.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to deliver the building of this case to the plaintiff who is the owner of the building of this case, unless there are special circumstances.

B. The Defendant asserted that the Defendant, as to the Defendant’s right of retention defense, occupied the instant building from the end of October 2009, occupied the instant building and lawfully exercised the right of retention from the end of 2009, the construction cost was not paid to KRW 469,193,690, even though the construction was subcontracted to the 16 rooms, including the instant building, and completed the construction work.

On the other hand, the defendant should assert and prove the existence of the object of the right of retention, which is the requisite fact of the right of retention, the existence of related claims, and the continuous possession of the object of the right of retention. Since the possession is the requisite for establishment of the right of retention and the requirement for existence, the lien holder shall continue to possess the object of the right of retention for the duration of existence as well as for the duration of existence. If he loses his possession, the right

(Article 320 and Article 328 of the Civil Act). In the instant case, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in the health belt, the statements and images of evidence Nos. 4 through 7, and 12, namely, an attachment attached to the entrance of the instant building on May 27, 2017, when the Plaintiff acquired the instant building, to the effect that building construction and E (F) exercises the right of retention, and that the Defendant was aware of the possession of the said building.

arrow