beta
(영문) 광주고등법원 2019.07.05 2019나20541

기타(금전)

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s acquisition of ownership of the instant building 1) C Co., Ltd. is the “E hotel” of the third underground floor and the 18th ground surface on the land outside D/W in 2009, the net city of 2009. (hereinafter “instant building”).

(2) On November 23, 2010, the Plaintiff newly built the instant building and completed the registration of ownership preservation. From May 201, F Co., Ltd.: (a) around February 12, 2014, the Plaintiff had been engaged in hotel business in the instant building using the instant equipment, one of its own possession; (b) around February 12, 2014, the Plaintiff paid the sales price after being awarded a successful bid for the instant building in the voluntary auction procedure for the instant building (Seoul District Court Netcheon Branch G) and acquired the ownership of the instant building.

B. Around August 29, 2012, the Defendant Company I acquired the ownership of the instant equipment by obtaining a successful bid for the instant equipment at the auction procedure for corporeal movables (Y, etc., Gwangju District Court Y, etc.) with respect to the instant equipment. (2) After that, the ownership of the instant equipment was transferred to J, K, L, and E hotel Claim Council (hereinafter “Credit Council”) in sequence, and finally transferred to the Defendant on March 25, 2014.

The transfer of ownership of the instant equipment was made by means of transferring and taking over the right to claim delivery of the instant equipment every time.

C. On the other hand, on March 12, 2014, the Plaintiff received an order to transfer the instant building against N,O, etc. (Seoul District Court 2002.2) on March 26, 2014 to transfer the instant building by compulsory execution under the above order to deliver the instant real estate. At the time, the enforcement officer affiliated with Gwangju District Court 2000 issued the order to keep the instant building located in the instant building.

3) Accordingly, from March 26, 2014, the Plaintiff is keeping the instant equipment on the 8th floor of the instant building from March 26, 2014 to the date.