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(영문) 의정부지방법원 2015.08.21 2015나3687
건물인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant’s type H was built a new construction project (hereinafter “instant construction project”) on the land owned by the Nonparty Company No. 2, 162.4 square meters on the ground level 1, 162.4 square meters (hereinafter “first-class building”) on the land in the Goyang-dong, Seoyang-gu, Busan-si, Seoul-si (hereinafter “Seongdong”) and on the land in the name of “G” around January 2010 when the Defendant was engaged in the construction project using the name of “G” as the location of Il-dong, Seoyang-gu, Busan-si, and was awarded a contract for construction work (hereinafter “instant construction project”) on the land in the Goyang-si, Busan-si, Busan-si, the first-class neighborhood living facilities of 160.9 square meters on the ground level 160.9 square meters (hereinafter “the first-class building” as the mark indicating the drawing sign3; hereinafter “the building in the attached Form”) and on the attached list (hereinafter “instant building”).

B. After that, around June 2010, H completed the instant construction, and accordingly, on June 28, 2010, the approval for the use of the building Nos. 1 and 2 and the instant building was granted, and on August 18, 2010, the registration for the preservation of ownership was completed in the future of the non-party company.

(However, the number of the building of this case among each of the above buildings was changed to I as land is divided into C, I, L and its category was changed from forest land around the same time. (Around that time, the building number of this case was changed to I.)

On the other hand, on February 24, 201, the Defendant reported the lease relationship between the non-party company on the following grounds: the location of the Dong-gu Seoul Metropolitan City C (Road name address: Goyang-si J) was the location of the building at the time, and at the time, the Defendant completed the registration of the business with the trade name "G". As to the part of the building of this case at the time, the lease relationship between the non-party company was reported by the following terms: the size of 44 square meters, lease deposit amount of 10,000,000 won, monthly rent of 40,000 won, and the lease term of the building from July 29, 2010 to July 30, 201

After that, on March 15, 2013, the first and the second buildings, the instant buildings, and their respective sites, the decision to commence voluntary auction was made to the Jung-gu District Court Goyang Branch K on March 15, 2013, and the auction procedure was in progress accordingly. The defendant raised the leased object from the head of the Goyang Tax Office on April 23, 2013.

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