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(영문) 서울남부지방법원 2020.12.24 2020가단211348
건물인도
Text

The defendant points out of the third floor of the real estate listed in the attached list in the attached list to the plaintiff as the attached Form A, B, D, and A.

Reasons

1. Basic facts

A. On May 8, 2015, D was awarded a contract from the non-party company of Gangseo-gu Seoul Metropolitan Government for the construction work of the construction work of the new site convenience facility at KRW 3,960,000,000 for the construction work price (hereinafter “instant construction work”; the building completed by the construction of this case is referred to as “the instant building”; and the said contract for the construction was referred to as “the instant construction contract”).

However, D, without a construction business license, borrowed the name of the non-party company I (hereinafter “I”) to avoid relevant regulations, entered the name of the contractor in the instant construction contract in I under the understanding of the non-party company.

B. On January 14, 2016, the approval for use of the instant building was made on and around January 29, 2016, and the non-party company completed registration of ownership preservation on January 29, 2016, however, D continued to perform construction even after the date of approval for use, following the points out that the non-party company was being constructed on the lower floor of the instant building.

D On January 29, 2016, the non-party company prepared a written confirmation to the effect that “I would best end up the finish work (including fire fighting and electrical construction) to enhance the height of the building of this case by February 6, 2016. If the construction is not completed by the specified date, the unpaid construction cost shall be waived.”

5.3. D and the non-party company settled the unpaid amount of KRW 415,00,000 according to the instant construction contract.

C. Meanwhile, on the other hand, on January 19, 2016, the Defendant entered into a contract with the non-party company to lease the instant building J (hereinafter “instant building”) with the former deposit of KRW 20,000,000, and with the former deposit of KRW 19,100 from January 19, 2016 to January 19, 2018 (Evidence 1; hereinafter “instant lease contract”), and thereafter, the instant subparagraph J from around that time.

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