건물명도(인도)
1. The request for intervention by an independent party intervenor shall be rejected;
2. The defendant is among the real estate listed in the attached Table 3 list to the plaintiff.
1. Facts of recognition;
A. On September 18, 2014, the Plaintiff completed the registration of ownership transfer with respect to real estate listed in attached Table 3.
B. The Plaintiff’s lawsuit seeking the termination of the lease contract against D Co., Ltd. (hereinafter “D”) that leased and used each of the instant real estate on the grounds of D’s unpaid rent and the delivery, etc. of each of the instant real estate (hereinafter “Seo-gu District Court Goyang Branch”)
() On September 27, 2017, 2017, D filed a 2017da83030 and sentenced D to deliver each of the instant real estate to the Plaintiff. The said judgment became final and conclusive on November 15, 2017.
C. On June 28, 2017, the Plaintiff filed a provisional disposition prohibiting the transfer of possession of each of the instant real estate (at high support 2017Kadan101021) against D, and filed an application on July 21, 2017, for which the said application was accepted, but the execution of the drawing indication was impossible by mistake.
Accordingly, on August 4, 2017, the Plaintiff filed a provisional injunction against the transfer of real estate (at high support 2017Kadan101270) by correcting the indication of drawings, and filed an application on August 18, 2017, but on July 26, 2017, the Defendant occupied each of the instant real estate by delivery from D, and thus, it became impossible to execute the provisional injunction against the transfer of real estate.
E. From July 26, 2017, the Defendant occupied each of the instant real estate from the date of possession.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 14 (including paper numbers), the purport of the whole pleadings
2. The intervenor seeking confirmation as to the legitimacy of the application for intervention by the independent party against the plaintiff, and each real estate of this case is owned by the intervenor. The lawsuit for confirmation is recognized in cases where it is the most effective and appropriate means to determine the plaintiff's legal status as a confirmation judgment to eliminate the anxiety and risk when the plaintiff's legal status is unstable and dangerous. Thus, filing a lawsuit for confirmation can be brought, despite the fact that it is possible to bring a lawsuit for performance.