점유회수
1. The judgment of the court of first instance is modified as follows.
The Defendants are listed on the attached Table 2.1 to the Plaintiff and the Intervenor succeeding to the Plaintiff.
1. Basic facts
A. On May 15, 2015, the Plaintiff and B (hereinafter “Plaintiffs”) were awarded contracts with Defendant D for construction of a penty with the following content:
(hereinafter “instant contract”). The construction content: on the ground of 3,089 square meters (hereinafter “instant land before subdivision”) in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land before subdivision”): Total construction cost of 11 square meters: construction cost of 700,000,000 won: May 15, 2015 or August 15, 2015.
On June 16, 2015, the Plaintiffs completed the establishment registration of a collateral security right holder, Defendant D, and maximum debt amount as KRW 700 million with respect to the instant land prior to the split-off under Article 13115, which was received by the Taean District Court of Daejeon, Daejeon District Court.
C. On July 7, 2015, with respect to the instant land before subdivision, a compulsory auction was decided on July 7, 2015, and the Plaintiffs reported the right of retention on November 23, 2015 with the claim for construction payment under the instant contract as the preserved claim.
In the remarks column of the present state of goods in the above auction procedure, “There are reports on the lien of KRW 700,000,000 for the above-mentioned building from the plaintiff, but its establishment is unclear.”
Defendant D’s creditors G applied for the commencement of compulsory auction for each pension of this case.
Accordingly, on January 11, 2016, the Daejeon District Court rendered a decision to commence a compulsory auction as H., and upon the commission of the registration of the above compulsory auction, the registration of ownership preservation for each pension of this case was completed in the name of Defendant D.
E. On March 30, 2016, the Plaintiffs completed construction under the instant contract, and Defendant D obtained approval for the use of the said pentine (hereinafter “each of the instant pentine”) from the Thai-Gun Office on March 30, 2016.
F. On July 26, 2016, Defendant D entered into a contract for the service of reservation agency with the Bochrobps Co., Ltd., Ltd., and operated as the remainder excluding No. 7 from August 2016 to August 2016. The Plaintiffs used No. 7 as the management Dong.
G. The plaintiff A and the defendant D.