건물명도
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and appeal is the purport of the appeal.
1. As to the judgment of the first instance, which was rendered on May 15, 2019 by the Defendant, the Defendant filed an appeal for subsequent completion on June 5, 2019. In full view of the records and the purport of the entire pleadings in the instant case, the first instance court proceeded with the litigation by means of service by public notice from the delivery of a copy of the complaint against the Defendant, and the Defendant, upon obtaining a certified copy of the judgment of the first instance on June 4, 2019, appears to have become aware of the fact that the judgment of the first instance and the original judgment were served by public notice. Accordingly, the instant appeal for subsequent completion filed within two weeks thereafter is lawful.
2. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) newly built the Ulsan-gu G Building (hereinafter “instant building”) around 2001, and upon the application of H’s provisional seizure, D Co., Ltd. (hereinafter “D”) completed the registration of initial ownership of the instant building in its name on October 27, 2005, upon commission from D on October 27, 2005.
B. The Plaintiffs purchased the said building on April 1, 201 from the voluntary auction procedure (F of the Ulsan District Court) regarding the instant building, and completed the registration of ownership transfer as to each of 1/2 shares on the same day.
C. On October 11, 2018, the Defendant completed a move-in report with subparagraph I (hereinafter “I”) from among the instant buildings, which are real estate listed in the separate sheet, and occupies subparagraph I from that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1, the purport of the whole pleadings
3. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver I to the plaintiffs who are their owners.
B. As to the Defendant’s claim against the Defendant’s claim for the right of retention, the Defendant occupied the Defendant’s claim for the construction price of the instant building on behalf of K who succeeded to the above right of retention on behalf of K, the Defendant is unable to comply with the Plaintiffs’ claim for extradition until payment of the said right of retention was made. According to the respective descriptions of evidence Nos. 1 and 8-1 and 2, J’s father L as well as M. < Amended by Presidential Decree No. 17176, Mar. 101>