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(영문) 수원지방법원 2017.03.15 2015가단39384
건물명도 등
Text

1. The defendant shall receive KRW 140,000,000 from Nonparty C, and at the same time, shall be the real estate indicated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff paid the price and completed the registration of ownership transfer on April 21, 2015, in the auction case (hereinafter “instant building”) conducted with respect to the real estate listed in the separate sheet (hereinafter “instant building”) newly built and owned by Nonparty C (hereinafter “instant building”).

B. On November 8, 2013, the Defendant appears to have died in winter in 2014 or 2015 after the commencement of the above auction procedure.

In addition, the instant building filed a lien on the instant building by asserting that construction of the instant building was built and that it was not paid KRW 300 million for the construction cost. At present, among the second floor 135.46 square meters of the instant building, the ownership of the instant building was reported. Of the attached drawings No. 1, 2, 11, 12, and 1, the portion of “A” connected in sequence to each point of approximately KRW 26.45 square meters in the ship (hereinafter “instant real estate”) is left and occupied while living therein.

C. The “written investigation of the present state of real estate and the possession relation” attached to the report on the investigation of the present state of real estate prepared in the above auction procedure refers to the statement that the Defendant attached a notice claiming the right of retention at the entrance of the 201 households out of the total 14 households of the instant building (the instant real estate), 401 to 404.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, Eul 1 and 3 (including additional numbers), the purport of the whole pleadings

2. Determination as to the claim for extradition of the instant real estate

A. According to the above facts of determination as to the cause of the claim, since the real estate of this case is owned by the plaintiff, the defendant who occupies the real estate of this case is obligated to deliver the real estate of this case to the plaintiff who seeks to acquire the transfer of the real estate of this case to the exclusion of interference based on ownership

B. Determination of the Defendant’s assertion of lien is based on F’s claim for construction cost of KRW 140 million out of the claim for construction cost of KRW 300 million against C reported the lien with F, and this is based on this.

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