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(영문) 제주지방법원 2017.12.13 2016나5627
건물명도 등
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The plaintiff, the defendant A corporation, and the defendant A corporation are listed in attached Table 1.

Reasons

1. Basic facts

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant A”) (hereinafter “Defendant A”).

) A company is established for the purpose of building construction business, etc. on May 24, 2005, and in case of T, P, Q, R and S (hereinafter collectively referred to as “project owners”).

(A) On December 18, 2006, Jeju-si O 987.6 square meters (hereinafter “instant land”).

A) After completing the registration of ownership transfer with respect to each of 1/5 shares on the ground of the above land on January 2007 (hereinafter “instant apartment”) and around January 2007.

on January 5, 2009, the person who reported the new construction to the owner of the building (T ownership in the land of this case was transferred to S on January 5, 2009).

(2) On December 18, 2006, the Mine Credit Union respectively set the right to collateral security with respect to each share in the title of T, P, and R among the instant land, and with respect to Q and S each share in the title of Q on the 20th of the same month, as KRW 221,00,000,000. On January 15, 2007 and the 17th of the same month respectively set the right to collateral security with regard to the entire land of this case at KRW 247,00,000,000.

3) On January 29, 2007, Defendant A and the instant apartment construction work (hereinafter “instant construction work”)

As to the instant construction contract, the contractor drafted a construction contract form with the period of construction up to July 20, 2007, T, the contractor, the Defendant A, the construction cost of which was KRW 1,049,00,000 (including value-added tax) and the construction period. At the time, the said construction contract form was accompanied by a letter of delegation from January 10, 2007 in the name of P, Q, R, and S, stating that all powers concerning the instant construction are delegated to T. (4) When the progress of the instant construction is delayed, the other owner of the building except T, delegated by the Defendant A, etc. on October 9, 2008 (hereinafter “instant letter of agreement”), and on the same day, the Defendant A cannot submit a certificate of completion to all the design offices that received the instant apartment within 60 days from October 16, 2008.

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