건물인도 등
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The plaintiff's remaining claims are dismissed.
3...
1. On January 27, 2014, the lower court rendered a voluntary decision to commence an auction as D with respect to the real estate listed in the attached Form C (hereinafter “instant building”) on January 27, 2014 (hereinafter “instant building”).
On March 24, 2014, the defendant submitted a report of custody (26.5 million won for construction work).
On April 2, 2015, the Plaintiff purchased the instant building at the above auction procedure, and on April 7, 2015, the ownership transfer registration was made in the Plaintiff.
On December 10, 2015, the provisional disposition of real estate was executed (this Court 2015Kadan3254) on the instant building on December 10, 2015, but only the postal items (urban gas) of the Defendant at the time were discovered, and it was impossible to execute the instant building due to the discovery of E’s passport, contact, text of the decision of the Suwon District Court.
The instant building is occupied by the Defendant through E, which is an occupation assistant.
【Ground for Recognition: Each entry of evidence Nos. 1, 2, 4, 5, and 7, and the purport of the whole pleadings】
2. Determination
A. In a case where the debtor acquired a right of retention by transferring the possession of the construction price to the creditor of the construction price in respect of the building after the attachment became effective due to the registration of the entry of the decision on commencing auction, such possession goes against the effect of prohibition of disposition of seizure, since it constitutes a disposal act which might reduce the exchange value of the object and damage the fairness and trust in the auction procedure, and thus, it cannot be set up against the buyer in the auction procedure on the ground of the above right of retention.
I would like to say.
(See Supreme Court Decision 2009Da19246 Decided November 24, 201, and Supreme Court Order 2010Ma1544 Decided May 13, 201, etc.). In addition, as seen earlier, the decision to commence auction on the instant building was registered on January 18, 2014, the Defendant asserted that he/she occupied the instant building from around December 2013, but the Defendant voluntarily stated that he/she was in possession of the instant building from around February 2014 (the first date for pleading), and in light of the aforementioned legal principles, the Defendant may oppose the Plaintiff.