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(영문) 서울서부지방법원 2015.06.05 2015가단505
건물명도
Text

1. The defendant connects the plaintiff with each point of the items indicated in the attached Form 1, 2, 3, 4, and 1 among the land of Eunpyeong-gu Seoul Metropolitan Government.

Reasons

1. Facts of recognition;

A. On October 201, the Defendant requested the construction of a new neighborhood living facility and its ancillary facilities (hereinafter “instant construction”) to E, who operates D Company on the following grounds: (a) the Defendant removed a building on the land outside of F in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, and one parcel owned by the Defendant; and (b) the Defendant requested the new construction of

E has completed the instant construction before February 2013 and undergone a completion inspection for new buildings.

B. On November 13, 2012, the Defendant: (a) borrowed 150 million won from the obligee E and repaid 150 million won until December 31, 2012; (b) paid damages for delay by December 31, 2012; and (c) a notary public, with the content that the obligor shall recognize the obligee’s compulsory execution, drafted an authentic deed of a monetary loan agreement for consumption as stipulated in Article 1163 of the New Village No. 20163, a notary public, with the content that “The obligor shall make recognition of the obligee’s compulsory execution.”

(hereinafter “instant claim”). C.

On November 15, 2012 immediately following the date, the defendant shall pay E the construction price of 150 million won to E, until December 13, 2012, the defendant shall pay additional interest calculated at the rate of 20% per annum from the following day to the date of full payment, and shall consent to the provisional seizure of his/her property where the securing of the claim is necessary even before the due date: Provided, That where the owners of Gyeyang-gu G Housing and one parcel of land, other than Gyeyang-gu, and one parcel of land, are unable to receive the secured loan due to the credit problem, the defendant shall prepare a letter of payment for the construction price under the condition that the defendant transfers all rights, including the property rights of H (I) in Eunpyeong-gu Seoul Metropolitan Government, to E, and the notary public has obtained certification as a deed signed by a private person under a private law of 2012 No. 4137,

(hereinafter referred to as “instant letter of payment”). D.

On September 12, 2013, the Plaintiff entered into a contract with E to acquire all rights, including the instant bonds and the property rights of H (I) from the Plaintiff.

(hereinafter “instant transfer contract”). E.

On the other hand, however,

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