(영문) 서울중앙지방법원 2015.05.12 2014나18147

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(영문) 서울중앙지방법원 2015.05.12 2014나18147

명도청구 등

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1. Revocation of a judgment of the first instance;

2. Each of the Defendants B, C, and Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. (1) E, F, G, and H (hereinafter collectively referred to as “owners”) decided to newly construct a 18-household loan (J; hereinafter referred to as “instant loan”) on three parcels of land owned by them, Seocho-gu Seoul Metropolitan Government I and 3.

On March 23, 2002, the owner of the building and the owner of the building provided the above land as the site for the loan of this case, and newly constructed the loan by K to secure the construction cost. From among the 18 households of this case, from among the 201 and 101, 102, 202, 303, 402, 403, 503, 503, 601, 602, and 603, among the 111 households of this case, after the completion of the construction in the name of partial repayment of the construction cost, the owner agreed to a person designated by K to register the sale as the cycle of the registration.

(2) On September 30, 2002, the owner of the building entered into an additional agreement between K and K on September 30, 2002 that the owner of the building shall divide the 7-generation of the instant loan and the 11-household of the remainder. At the same time, the owner entered into an additional agreement on the registration of ownership transfer to the person designated by K for the said 11-household as to the completion of the construction.

B. (1) On October 16, 2002, K subcontracted the interior interior interior interior interior interior interior decoration work (hereinafter “instant construction work”) among the construction works of the loan of this case to Song-dok Co., Ltd. (hereinafter “ Song-dok”) on the condition that it subcontracted the construction work to KRW 2,050,000 (including value added tax).

(2) On May 15, 2003, under which the construction of this case was completed, but the construction was not paid by K, it is in principle paid in cash between K and K on August 19, 2003. However, K shall delegate 101 out of the loan of this case from August 19, 2003, and 201, 201, 303, and 603 to the sale of freeboard 4 households. After the preservation registration, K shall substitute for the construction cost by transferring ownership to the person designated by the consignor.

유사 판례

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