유체동산인도
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Relation to real estate rights;
A. On February 14, 2006, C, the Plaintiff’s wife, completed the registration of ownership transfer under C’s name as to Nos. 1 through 3 of the underground second floor of the Seocho-gu Seoul Metropolitan Government D building (hereinafter “instant building”).
C obtained a loan from the Seoul Livestock Industry Cooperatives (hereinafter “the Livestock Industry Cooperatives”), and on July 21, 2008, on July 21, 2008, the registration of the establishment of a neighboring mortgage as C with the maximum debt amount of KRW 3 billion, the mortgagee’s compromise, and the debtor C.
B. On June 20, 2013, Defendant B, upon receiving a successful bid of the instant building and completed the registration of ownership transfer on the same day from the auction procedure (F and G in Seoul Central District Court E) for exercising the security right to the instant building that was commenced upon filing a request for an application for an auction of a stable consultation.
On June 20, 2013, Defendant B entrusted the instant real estate to the National Federation of Fisheries Cooperatives (hereinafter “NFF”) and completed the registration of trust in the name of Defendant NFF.
2. After acquiring the ownership of the building of this case, the Plaintiff’s wife C operated Mana with the trade name “HSB,” and the Plaintiff installed and used each of the instant corporeal movables on the third, fourth, and seventh, the third, fourth, and seventh, underground of the instant building for Mana and its business purposes.
Therefore, the owner of each of the instant corporeal movables is the plaintiff, and the defendant Eul directly occupied each of the instant corporeal movables while continuing to carry on a business and a private letter in the building, and the defendant NFC indirectly occupied them through the defendant Eul. Thus, the defendants are obligated to deliver each of the instant corporeal movables to the plaintiff.
3. We examine whether each of the instant corporeal movables was owned by the Plaintiff.
As seen earlier, the instant building was owned by C (the Plaintiff’s assertion that the instant building was not owned by the Plaintiff). The instant building was registered as a business operator in the name of C, while the Plaintiff was each of the instant buildings.