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(영문) 광주지방법원 2019.05.30 2018가단13764
건물인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around August 2016, the Plaintiff entered into a sales contract with C as to the building indicated in the attached Table to be constructed on the Gero-gun D, Masung-gun (hereinafter “instant land”) and its ground (hereinafter “instant building”).

B. On August 23, 2016, the Plaintiff paid KRW 50 million to C as the purchase price. Around September 2015, the Defendant entered into a construction contract with C, including the instant land and the instant building, with respect to the construction project that constructs four units of housing units with the second floor on the third and third lots outside the Gesung-gun E (hereinafter “instant construction contract”). The construction project commenced on September 19, 2016.

C. On January 23, 2017, the instant building was approved for use. At that time, the completion of the instant building was not completed.

As to the instant land, the Plaintiff completed the registration of ownership preservation on January 24, 2017, and the registration of ownership transfer on the instant land on January 25, 2017, and paid KRW 129 million to C on January 26, 2017.

E. On April 21, 2017, the Defendant filed a lawsuit against C with the Gwangju District Court 2017Gahap614, thereby seeking the payment of the construction cost of KRW 336,00,000,000. In the said lawsuit, the decision in lieu of conciliation was finalized on February 20, 2018 between the Defendant and C, stating that “C shall pay to the Defendant 150,000,000 won and damages for delay after April 30, 2018.”

F. The Defendant kept the studs of the instant building in custody and indicated “in the course of exercising the right of retention” on the windows of the instant building, and occupied and managed the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 2, each of the images of Eul evidence 3 and the purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant, the owner of the building of this case, barring any special circumstance, raises objection to the plaintiff.

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