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(영문) 서울남부지방법원 2019.04.05 2018가단260033
점유회수의 소
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter referred to as “C”) entered into a final contract on July 8, 201 after concluding a construction contract with D apartment house reconstruction and improvement project cooperatives on January 31, 2008, following the alteration thereof. Under the said contract, the C Co., Ltd (hereinafter referred to as “D apartment”) completed the construction project and received a provisional use approval on or around June 30, 2014.

C was unable to receive reimbursement of KRW 54,621,037,036 among the above construction cost, and from around 2015, it occupied the real estate listed in the separate sheet among the above E apartment units (hereinafter “the apartment of this case”).

C posted a public notice stating that the right of retention is exercised on the entrance, by correcting the door locks of the apartment of this case and keeping the password and card key.

C On May 2, 2018, the construction business sector, etc. was divided and newly established by the Plaintiff. Accordingly, the Plaintiff, who comprehensively succeeded to the rights and obligations arising from the construction of the said apartment, occupied the instant apartment.

B. Upon the commencement of the auction procedure for the instant apartment, the Defendant: (a) received a successful bid of the instant apartment around October 31, 2018 and completed the registration of ownership transfer; (b) removed the locks managed by the Plaintiff without permission on November 1, 2018; and (c) deprived the Plaintiff of the possession of the instant apartment by installing other locks.

C. Accordingly, on November 22, 2018, the Plaintiff filed a lawsuit for recovery of possession of the instant case on the ground that the Defendant was deprived of the Plaintiff’s possession.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 12, and 13, each entry of Gap evidence Nos. 5, 6, and 9, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to deliver the apartment of this case to the plaintiff, except in extenuating circumstances.

As to this, the defendant shall have the right of retention in C at the time.

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