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(영문) 대구지방법원 2020.02.13 2018가합205333
건물명도
Text

1. Defendant B Co., Ltd. is either KRW 48,436,025 and the real estate listed in the attached Table No. 3 from May 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On April 30, 2018, the Plaintiff was subject to the Daegu District Court D Voluntary Auction Procedure (hereinafter “E”)’s decision to permit the sale of each real estate listed in the separate sheet (hereinafter “instant land”) as indicated in the separate sheet (hereinafter “E”), which was owned by E Co., Ltd. (hereinafter “E”), and the building listed in the separate sheet Nos. 1 and 2 as indicated in the separate sheet (hereinafter “instant building”; and the building listed in the separate sheet Nos. 3 as collectively referred to as “instant real estate”; and completed the registration of the transfer of ownership on the instant real estate on May 23, 2018.

B. On January 23, 2017, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the lease deposit amounting to KRW 200,000,000,000 for a factory of 960 square meters in one-story of the 1st general steel framed roof among the instant buildings (hereinafter “principal 1 building”) and a factory of 160,000 square meters in one-story of the 3 general steel framed roof (ware) (hereinafter “sub-three buildings”) from March 15, 2017 to March 15, 202. From March 15, 2017, the lease agreement was concluded with the owner of the instant building and the owner of the instant building under the possession of the 1st and sub-three buildings.

B. On February 23, 2017, Defendant B entered into a contract with F with the amount of KRW 12 million for the construction work to install a voltage device, to provide vessels, and to supply electric power supply, etc. on the instant building. Defendant B paid KRW 12 million to F as the said construction work price.

Defendant B contracted H, who operates “G”, to undertake franchises, licenses, sales teams, and other works. From March 1, 2017 to May 30, 2017, Defendant B paid H KRW 11,323,00 in total as construction cost.

In the auction procedure of this case on September 4, 2017, Defendant B, as a lessee, performed electrical construction with the total amount of KRW 23,323,00,00 (=12,00,000 + 11,323,000 +) of the building in this case, as the lessee, which is the value of the building in this case.

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