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(영문) 인천지방법원 2019.01.09 2018가단29718
건물명도
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On March 28, 2014, the Plaintiff and the Selection C at the auction of the instant subparagraph D, paid the price in full, and completed the registration of ownership transfer for each one-half portion.

B. Appointed E (Mutual Name Company G prior to the change) completed the registration of ownership transfer on March 12, 2013 with respect to the instant subparagraph F.

C. The Plaintiff and the Selected C filed a lawsuit against the Defendant regarding the instant subparagraph D against the Incheon District Court Decision 2014Kadan65389 against the Defendant, such as a building name map.

On May 22, 2015, the above court rendered a ruling to dismiss the claim of the Plaintiff and the appointed party C on the ground that the Defendant is the lien holder who has continuously occupied the instant No. D from February 2010 to preserve the claim against I and J in order to preserve the claim against the new construction of the H ground and the 10th floor neighborhood living facilities (hereinafter “instant aggregate building”) in Nam-gu, Incheon, including the instant No. D and F (hereinafter “each of the instant buildings”).

The plaintiff and the selected parties C appealed to the appeal, but the final appeal was dismissed by the Supreme Court, which became final and conclusive at that time.

[Recognition of Fact] The facts without dispute, Gap evidence No. 1-2, Eul evidence No. 1-1-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is in possession of each of the instant buildings owned by the Plaintiff, etc. while exercising the right of retention in order to preserve the claim for construction cost of KRW 118,550,000 regarding the instant aggregate building.

However, on October 2, 2018, the Plaintiff and the Selected C filed a lawsuit against the Defendant for damages claim against the Incheon District Court 2017Gahap3075, and received a favorable judgment from the said court that “the Defendant would pay the Plaintiff (Appointed Party) and the Appointed C the amount calculated at the rate of 15% per annum from August 7, 2018 to the date of full payment, and from August 7, 2018 to the date of full payment.”

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