건물명도
1. The defendant shall deliver to the plaintiff (appointed party) and the appointed party C the real estate stated in the attached Form.
2. The costs of lawsuit shall be.
1. Facts recognized;
A. On March 28, 2014, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Selection C (hereinafter “Plaintiff, etc.”) purchased the real estate indicated in the attached Form (hereinafter “instant section for exclusive use”) among the buildings on the 10th floor above the 4th floor above the 4th floor above the 10th floor above the 4th floor above the 4th floor above the 4th floor above the 4th floor above the 4th floor above the 4th floor above the 4th floor above the 4th unit below the 4th unit
B. The defendant occupies the part of exclusive ownership of this case.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the instant section of exclusive ownership to the plaintiff, etc., who is the owner of the instant section of exclusive ownership, unless there are special circumstances
B. (1) The Defendant’s assertion regarding the Defendant’s assertion (1) completed electrical construction among the construction works of the instant building after being awarded a contract, but failed to receive KRW 80 million out of the price, and on the basis of the said claim, continued to occupy the instant building from February 2, 2010 and exercise the right of retention.
Therefore, the defendant has the right to attract the building of this case until he receives the above money.
(2) In principle, the buyer at the auction procedure for real estate is liable to repay the claim secured by the lien to the lien holder pursuant to Article 91(5) of the Civil Execution Act. However, in a case where the debtor transferred possession to the creditor of the construction cost related to the said real estate after the attachment became effective after the entry of the decision on commencing auction has been registered, and the debtor acquired the lien by transferring the possession thereof to the creditor of the construction cost related to the said real estate, the transfer of such possession goes against the prohibition of disposition of seizure under the Civil Execution Act because it constitutes a disposal act that is likely to reduce exchange value of the object, and thus, the possessor