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(영문) 수원지방법원 2016.04.27 2015가단7967
건물명도 등
Text

1. The Defendant’s KRW 4,606,40 each of the Plaintiffs, as well as 5% per annum from June 17, 2015 to November 20, 2015.

Reasons

1. Facts of recognition;

A. On October 12, 2007, D entered into a contract for construction works with a F 927 square meters (hereinafter “the instant land”) in the Seosung City owned by E and with a 925 square meters [hereinafter “the instant land”) located on the ground to newly build neighborhood living facilities on the land owned by D (hereinafter “instant 2 land”) in Sungsung-si Co., Ltd., in order to build a new neighborhood living facilities on the land (hereinafter “the instant land”).

B. As to the land of this case 1 and 2, on April 24, 2007, the debtor completed the registration of creation of each class of 450 million won with D and the maximum debt amount 450 million won in the National Agricultural Cooperative Federation. On April 24, 2008, on the same day, the registration of establishment of each class of the above establishment was cancelled on the grounds of termination on April 24, 2008, and on the same day, the debtor in the National Agricultural Cooperative Federation, the debtor in the National Agricultural Cooperative Federation, and the maximum debt amount of 780 million won, respectively.

C. On July 22, 2010, the Defendant concluded a subcontract (hereinafter “instant subcontract”) with the construction of miscellaneous stones with respect to the instant land 1, 2, and above-ground buildings, the construction of miscellaneous stone, fluorization work, and the construction of concrete reconstruction, etc. on the floor surface of the floor and the rooftop floor of the ground buildings. From July 22, 2010 to August 24, 2010, the construction period was from July 22, 2010 to August 24, 2010, and the construction cost was KRW 60 million. At the time, E, the land owner, consented to the instant subcontract and agreed to the instant subcontract, and, as at the time, Nam-N Co., Ltd, agreed to the instant subcontract and jointly and severally guaranteed the payment obligation of the construction cost of

Since the Defendant was not paid the construction cost of the instant subcontract, around July 30, 2010, the Defendant began to occupy the first floor among the second floor neighborhood living facilities newly constructed on the instant land (hereinafter “instant building”) by storing the entire machinery owned by the Defendant and controlling access thereto.

E. The National Agricultural Cooperative Federation, the mortgagee of the instant 1 and 2 land, is the Suwon District Court with respect to the land of this case 1 and 2.

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