점유 회수의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The registration of ownership preservation on October 11, 2013, the Plaintiff completed the registration of ownership transfer on the ground of sale as of January 16, 2014, and F applied for compulsory auction on the basis of the original order for payment of the instant real estate to Seoul Southern District Court G (hereinafter “the auction procedure in this case”) on August 10, 2016. The fact that the instant association filed a lawsuit against the Plaintiff seeking cancellation of the registration of ownership transfer on January 20, 2017 and won the Plaintiff’s registration of ownership transfer was cancelled on May 23, 2018, and that the Defendant did not dismiss the Plaintiff’s appeal against the Plaintiff on June 18, 2018 upon receipt of the highest order for permission from the auction procedure in this case and completed the registration of ownership transfer transfer transfer as of December 18, 2018. The Defendant did not dismiss the Plaintiff’s appeal against the Plaintiff on June 23, 2018.
The plaintiff was awarded a subcontract for the electrical construction from the I Co., Ltd., which was awarded a contract for the apartment including the real estate in this case, and the ownership transfer registration was cancelled for the reason that the contract was null and void, but the plaintiff occupied the real estate in this case with the lien holder based on the construction cost, but the plaintiff was in possession of the real estate in this case, but the compulsory execution based on the delivery order in this case constitutes an illegal compulsory execution, and thus, the defendant should deliver the real estate in this case to the plaintiff. The defendant is deprived of possession as long as it was enforced by lawful delivery order.