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(영문) 서울고등법원 2018.12.28 2017나2076716
건물인도
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order to deliver shall be revoked and that part shall be revoked.

Reasons

1. Under the underlying facts, each of the following facts may be acknowledged either either as a dispute between the parties or as a whole by taking account of the respective descriptions of the evidence Nos. 1-3, 7, 8, 17-19, 5, 20, 45 (if not specially indicated, including the branch numbers; hereinafter the same shall apply) or video and the overall purport of the pleading.

On January 20, 2006, the Plaintiff was awarded a contract with C on January 20, 2006 to the construction cost of KRW 13.2 billion (including value-added tax, and the construction cost thereafter was increased to KRW 20.24.1 million) for the construction work to build a new building on the land of Dongjak-gu Seoul Metropolitan Government and 7 parcels on the ground of the attached Table of Real Estate (hereinafter “instant building”).

B. On August 31, 2006, the Plaintiff started the new construction of the instant building and completed the new construction on or around September 17, 2007. On October 10, 2007, C completed the registration of ownership transfer based on trust in the F Co., Ltd. (hereinafter “F”).

C. After that, the Defendant received a successful bid for the instant building in the public sale procedure conducted with respect to the instant building, and concluded a sales contract for the instant building with F on May 6, 2008. On September 1, 2016, the Defendant completed the registration of ownership transfer based on trust with G (hereinafter “G”) at the same time as the sales price is fully paid and the registration of ownership transfer concerning the instant building was completed at the same time as the instant building was completed.

At the time of September 1, 2016, the instant building, the ownership of which was acquired by the Defendant, was operated as dental services, and all the remainder, except each part of the H of the first floor where the Plaintiff’s employees had been stationed at the gate (in case of referring to the gate of the first floor dental department; hereinafter the attached drawings, the indication of the attached drawings is omitted), and the part of the 2nd floor mechanical room of the underground floor where the Plaintiff’s employees had been stationed (hereinafter “the part of the mechanical room”), and each part of the H of the first floor where the Plaintiff had kept the house.

E. Next, around September 2016, the Defendant is installed on the entrance door of the instant building and on the right side of the door door.

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