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(영문) 인천지방법원 2018.06.15 2017가합59559
건물명도(인도)
Text

1. The plaintiff's successor's claim is dismissed

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties and the conclusion of the remodeling construction contract 1) The first floor below the building B in Yeonsu-gu Incheon Metropolitan City is divided into more than 200 units, and each unit is separately registered as an aggregate building. However, each unit is actually being used as a whole as a single unit without distinguishing the number of walls. (2) The plaintiff entered into a trust contract with Sacks Co., Ltd. and completed the registration of transfer of ownership on the ground of trust as to the first floor above B building Nos. 157 units (hereinafter “the building in this case”).

3) C Co., Ltd. (hereinafter “C”)

On November 25, 2010, the Daeyang Industry Co., Ltd. (hereinafter referred to as the “Mayang Industry”)

C) At the time of the conclusion of the above contract, C paid the construction cost within two months after the completion of the contract, and C agreed to transfer ownership according to the sales contract, which was provided as a check, if the construction cost is not paid within the payment period. C) in accordance with the above special agreement, C sold 157 units except for the sale portion among the first floor and the second floor below 21 to 226 of the building B, and Poyman Co., Ltd sold 157 units to C with the sale contract of the above 191 to 212 units below the above 1st floor below the ground of the building.

B. On November 25, 2010, the progress of the construction of the interior remodeling project and the 1string industry were commenced on November 25, 2010 for the instant building. A contract modification agreement with C to increase the construction cost to KRW 159,500,000 on January 20, 201 due to the occurrence of changes in the course of the construction project. However, C paid the construction cost.

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