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(영문) 의정부지방법원 2015.04.28 2014가단27968
건물명도 등
Text

1. The defendant shall deliver to the plaintiff the buildings listed in the attached real estate list.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. There is no dispute between the parties to the judgment on the cause of the claim, or comprehensively taking account of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 12 (including the branch numbers), the plaintiff completed the registration of the right to claim ownership transfer on July 5, 2010 as to the main building on which registration of ownership transfer was already made in the name C (hereinafter “instant building”). On November 20, 2012, the registration of ownership transfer was completed in the plaintiff’s future on the basis of the above provisional registration on November 20, 2012. However, the defendant, on February 16, 2011, can be recognized the fact that he moved into the instant building and occupies the said building up to the day from that time. Thus, the defendant is obligated to deliver the instant real estate owned by himself to the plaintiff, its owner

2. The defendant's defense is that the defendant lent the construction cost of KRW 220 million to D, the representative of the company that contracted and supplied the construction of the building of this case from C, and provided services such as work and expenses at the construction site of the building of this case. The defendant occupied the building of this case through an agreement with C and D in order to secure the loan claim and the on-site work wage claim. Thus, the defendant's right of retention or pledge with each of the above claims as the secured claim is established, and the defendant is only obligated to deliver the building of this case at the same time as the above claims are repaid.

On the other hand, Article 320(1) of the Civil Act provides that “a person who possesses another person’s goods or securities has the right to retain such goods or securities until the time when the claim arising in respect of such goods or securities becomes due, shall have the right to obtain reimbursement.” Thus, the secured claim in a lien shall be “a claim arising in respect of such goods” (see Supreme Court Decision 201Da96208, Jan. 26, 2012). The Defendant’s assertion is also based on the Defendant’s assertion.

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