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(영문) 울산지방법원 2019.10.10 2018가단70419
건물인도 청구
Text

1. The Plaintiff, Defendant B Co., Ltd., and Defendant C, as indicated in the attached Table No. 1, and Defendant C, as indicated in the attached Table No. 2 and 2.

Reasons

[Defendant B Co., Ltd. (hereinafter “Defendant B”)]

2) Claim

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment made by deeming confessions: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act (Claims against Defendant C, D, and E).

1. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1-2, 3, 5, and 6, each building listed in the separate sheet was subject to registration of ownership transfer in the name of F on May 16, 2017. On the same day, each building listed in the separate sheet was subject to registration of ownership transfer for the plaintiff on the same day, and each building listed in the separate sheet Nos. 2 and 3 (hereinafter "the building of this case") as to defendant C and the building listed in the separate sheet No. 5 (hereinafter "the five building of this case") listed in the separate sheet Nos. 5 (hereinafter "the building of this case") can be acknowledged that defendant D and the building listed in the separate sheet No. 6 (hereinafter "the six building of this case") in the separate sheet No. 1 and the defendant E

2. The parties' assertion

A. The Defendants alleged by the Plaintiff are obligated to deliver each of the instant buildings to the Plaintiff, as they illegally occupy each of the instant buildings without the Plaintiff’s permission.

After completing their contracted construction work, the Defendants completed the construction of each of the instant buildings, and Defendant B obtained approval for use on April 2017 and delivered each of the instant buildings to F.

The defendants' possession is illegal possession.

B. Defendant C and D’s assertion (1) Defendant C have a claim of KRW 250,00,000 for the construction cost of each of the instant buildings constructed from November 1, 2016 to February 2, 2017, and in order to receive the said claim, Defendant C and C possess the instant 2 and 3 buildings and exercise a lien thereon.

(2) Defendant D had a claim for construction cost of KRW 63,600,000 upon performing the creative construction of each of the instant buildings from December 2, 2016 to March 2017, Defendant D owned the instant building and exercised a lien to preserve the claim.

3. Determination

(a) pleadings are made in each description of evidence Nos. 1 and 4 (including paper numbers);

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