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(영문) 의정부지방법원 2016.04.27 2014가합7169
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver each building listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

2...

Reasons

1. Determination as to the principal lawsuit

A. 1) In full view of the purport of the entire pleadings, the Plaintiff’s respective buildings indicated in the separate sheet Nos. 1 through 4 (hereinafter “instant buildings”) on February 4, 2014 (hereinafter “instant buildings”).

(2) According to the above facts, the Defendant shall deliver the instant building to the Plaintiff, the owner of the instant building, unless there are special circumstances, to the effect that the Defendant shall deliver the instant building to the Plaintiff, unless there are special circumstances.

B. The Defendant’s assertion 1) As long as the construction part of the new construction work of the factory building, including the instant building, was awarded a subcontract for a part of the construction work of the new construction work of the factory building (hereinafter “here light source”).

(2) On September 22, 2007 and May 2008, C acquired the claim for construction cost against D and obtained the transfer of possession of the instant building, which he had exercised the right of retention, and accordingly, C as a lien holder, asserts that he/she has the right to possess the instant building as a lien holder. (2) According to the respective statements in the evidence Nos. 7 through 9, the following facts can be acknowledged: (a) Han Light Ba and C AD (hereinafter “D”).

(D) The Seoul Central District Court sentenced C on October 31, 2007 (2005Gahap80214) the Seoul Central District Court rendered a decision that D shall pay C the amount of KRW 50,871,00 and damages for delay (2005Gahap80214) (the above decision dismissed the claim for light transfer, but the conciliation was made with some amount of the amount of the light transfer at the appellate court.

(b) b).

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