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(영문) 수원지방법원안산지원 2015.06.26 2013가단109436
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

(b) As from May 1, 2014, the amount of KRW 8,760,00 and KRW 8,760.

Reasons

1. Basic facts

A. The Allied Industry Co., Ltd. (hereinafter referred to as the “Amateur Industry”) is a contractor of the construction of a main complex building with the size of 2 underground and 8 above the ground level in Suwon-si C (hereinafter referred to as the “instant building”) (hereinafter referred to as the “instant construction”) and the development of the East Industries Co., Ltd. (hereinafter referred to as the “BS Industry Development”) is a contractor.

B. On March 8, 2012, the undisclosed industry completed the registration of ownership transfer on the ground of trust with respect to the instant building in its name, at the same time, only one corporation has completed the registration of ownership transfer on the ground of trust.

On September 28, 2012, the undisclosed industry obtained approval for the use of the building of this case on September 28, 2012, and completed the registration of ownership transfer in the name of the clinic industry. On the same day, only one corporation has completed the registration of ownership transfer due to trust.

C. On January 11, 2013, the Plaintiff completed the registration of ownership transfer based on sale on January 10, 2013 with respect to the real estate listed in the separate sheet, which is the sectional ownership of the instant building (hereinafter “instant housing”).

The defendant, around April 25, 2013, installed a password locker on the door of the house of this case on the front door of the house of this case and possessed it until now, asserting the right of retention and has occupied the house of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to a request for the delivery of a house

A. According to the above facts as to the cause of the claim, the defendant who occupies the house of this case is obligated to deliver the above house to the plaintiff who is the owner of the house of this case, unless there are special circumstances.

B. As to the defendant's right of retention defense, the defendant acquired the construction contract of the building of this case from the development of the East Industries with D and continued the construction of the building of this case.

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