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(영문) 광주지방법원 목포지원 2017.01.11 2016가단7003
건물명도 등
Text

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

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

3.Paragraph 1.

Reasons

1. Basic facts

A. (B) On June 21, 2013, the auction procedure for real estate in real estate E was initiated on June 21, 2013 with respect to the building on the 5th floor above the ground located in B, Mapo-si, the ownership of C.

(hereinafter referred to as the “building subject to auction”). B.

On October 2, 2013, the Defendant reported the right of retention to the effect that “from May 23, 2011 to May 23, 2011, the remodelling construction for 2-5 stories among the buildings subject to auction was completed by receiving KRW 650 million, but the construction cost which was not paid has been paid is KRW 600 million.”

C. On July 20, 201, F prepared and awarded to the (oil)C a letter of waiver of the right of retention (hereinafter “instant letter of waiver of the right of retention”) with the following content.

I waive the right of retention and receive KRW 200,000,000 from the 1st to the 5th above ground at the time D when I am under C. D.

on July 20, 2011: F Address: The G of G of Young-si.

C. On January 6, 2016, the Plaintiff was awarded a successful bid for the real estate indicated in the separate sheet (hereinafter “instant real estate”) with five floors among the buildings subject to auction (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. On July 20, 201, the Plaintiff’s summary of the Plaintiff’s assertion: (a) on July 20, 201, the Defendant submitted a letter of waiver of the instant lien to (ownership) the debtor who is the owner of the building subject to auction, and thus, the Defendant’s lien was extinguished; (b) even if not, the Defendant did not occupy the instant real estate, and thus, there is no Defendant’s lien; (c)

B. 1) Determination 1) As seen earlier, the fact that F.C. prepared a memorandum of waiver of this case’s lien on July 20, 201 and issued it to F. However, the following circumstances, i.e., ① the aforementioned basic facts, the entries of Eul’s evidence Nos. 1 through 7, and the overall purport of oral argument, are revealed, by taking into account the following circumstances:

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