건물인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact-finding that the Plaintiff allowed Defendant C to use the instant building free of charge on or around April 2016, when the Plaintiff owned the instant building; thereafter, the Plaintiff sold the instant building to D Co., Ltd. on September 7, 2016; the Plaintiff completed the registration of ownership transfer in the future of the said company on September 9, 2016; and the Plaintiff won a favorable judgment (Seoul District Court Branch of Seosan Branch of Daejeon District Court Decision 2016Da8888, Jun. 28, 2017) by filing a lawsuit against C seeking the delivery of the instant building on or around September 2016; the fact that the Defendant occupied the portion of the building on or around August 2017 does not conflict between the parties.
2. The plaintiff asserts that as a seller of the above company, the plaintiff can claim the delivery of the part ① to the defendant in order to perform his duty to deliver the part to the above company.
In addition, the plaintiff is recognized to lose ownership of the building of this case, and there is no legal relationship between the plaintiff and the defendant.
Therefore, the plaintiff's assertion does not have the right to claim delivery of the part to the defendant.
3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.