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(영문) 춘천지방법원 2017.08.30 2016나54180
점유회수 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance by the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition as set forth in paragraph (2) below, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. 고쳐 쓰거나 추가하는 부분 ▣ 제1심판결문 제4면 10행부터 제5면 14행까지의 ‘3. 주위적 청구에 대한 판단’ 부분을 삭제한다.

▣ 제1심판결문 제5면 15행의 ‘4. 예비적 청구에 대한 판단’을 ‘3. 부동산 인도 청구에 대한 판단’으로 고쳐쓴다.

▣ 제1심판결문 제6면 6행부터 14행까지를 다음과 같이 고쳐쓴다.

2) In full view of each of the statements in Gap evidence Nos. 1 and Eul evidence Nos. 8 through 10 and the purport of the whole pleadings, the Civil Aviation Construction Co., Ltd. entered into a construction contract with the Log on December 18, 2006 and obtained a building permit in the name of the Civil Aviation Construction. The plaintiff takes part of the construction in the name of the Log's subcontractor, and the plaintiff takes part of the construction in the construction in the name of the Log's subcontractor, and the plaintiff is "the subcontract of this case".

The balance of the construction price shall be settled after the sale in lots, but it may be recognized that the contract has been made to handle the accounts after the completion of the sale in lots.

Comprehensively taking account of the above facts, it is reasonable to view that there was an implied agreement between the contractor and the contractor that the ownership of the building completed from the time of the instant construction contract belongs to the contractor, and the Plaintiff also entered into an accord and satisfaction agreement on the premise that the ownership of the completed building belongs to the contractor in the original condition.

On the other hand, when the plaintiff is unable to pay the progress payment to the contractor, the plaintiff shall change the name of the owner of the completed building to the log, and shall change the real estate and the field to the log.

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