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(영문) 의정부지방법원 2016.02.17 2015나52313
토지인도
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. Upon a claim added at the trial, the defendant shall be the defendant.

Reasons

1. Basic facts

A. 1) Plaintiff New Machinery Industry Co., Ltd. (hereinafter “Plaintiff Company”).

(C) On May 7, 2010, the land listed in [Attachment C] Nos. 1 and 1 and 2 (hereinafter “instant land”).

(2) Accordingly, the Plaintiff Company has completed the installation of the above gate and fence, but was not paid the construction cost by C, even though it did not receive any payment from C.

B. 1) D on May 10, 2009, as indicated in Section 3 of Annex I (hereinafter “instant building”) from C on the level of banking activity of the instant land and the building indicated in Annex I (3).

2) On August 13, 2012, D transferred the claim for construction cost and lien equivalent to KRW 150 million against C on August 25, 2012, and C consented to the transfer of the above claim, etc. on August 25, 2012.

3 On January 22, 2014, Plaintiff A delegated the Plaintiff Company with the authority to exercise the lien on the instant land and building.

C. Meanwhile, at the time of the construction of the above main gate and fence, the Plaintiff Company placed one container installed on the instant land as it was after the completion of the construction work, and was in possession of the instant land and buildings by means of marking the right of retention on the main gate or fence, locking the main gate, etc.

However, the Defendant, on December 23, 2013, sold the instant land in a voluntary auction procedure. On February 3, 2014, the Defendant occupied the instant land and buildings until now since the commencement of occupying the instant land and buildings by means of adding 25m price and 25m price fences installed by the Plaintiff Company using heavy equipment, and moving containers installed by the Plaintiff Company out of the instant land.

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