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(영문) 창원지방법원통영지원 2017.11.29 2016가합11734
건물명도
Text

1. The Defendant’s construction of Lone Star Co., Ltd.:

A. Of 22,633 square meters of land for a factory in Gyeongsung-gun, Chungcheongnam-do, and attached Form 1.

Reasons

1. Basic facts

A. The Plaintiff Lone Star Construction Co., Ltd. (hereinafter “Plaintiff Lone Star Construction”) is a company that conducts housing construction, construction and civil engineering construction business, and the Plaintiff A operates a company specializing in the construction of electric installations in the building and factory.

B. On February 15, 2014, Plaintiff Lone Star Construction Co., Ltd. (formerly changed: Company E; hereinafter referred to as “D”) set the construction period for the “renovation and repair construction work” of the Gyeong-gun High-gun C Ground Factory (hereinafter referred to as the “instant factory”) from Gyeong-nam High-gun Co., Ltd. (hereinafter referred to as “D”) as the construction period from February 20, 2014 to October 31, 2014; and KRW 450 million for the construction cost (excluding value-added tax) and received a contract.

(hereinafter referred to as “instant renovation contract”). C.

Plaintiff

A From May 1, 2014, A received the construction period for the electrical construction of the instant plant from D, as the construction period from February 24, 2014 to June 15, 2014, and as the construction cost of KRW 350 million (excluding value-added tax).

(hereinafter “instant electrical construction contract”). D.

On the other hand, a creditor of Dong Young-gun, filed an application for the auction of real estate rent with the Changwon District Court for the factory site, F factory site, G road, H orchard, I factory site, and the factory site of this case owned by D at the time. On May 28, 2015, the said court rendered a decision to commence a voluntary auction on the following grounds:

(hereinafter “instant auction procedure”). On May 26, 2016, the Defendant received the award of each of the instant lands and factories on the auction date, and obtained the decision of permission for sale on June 2, 2016, and completed the registration of ownership transfer on each of the instant lands and factories on June 14, 2016 after paying the sale price.

E. At present, each land and each factory of this case are owned by the lessee of the defendant.

【Ground of recognition” without any dispute, Gap evidence 1-1 through 7, Gap evidence 2, Gap evidence 3-1, 2, and 5-1 and 5-2, and the purport of the whole pleadings.

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