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수원지방법원 2017.09.07 2016가단539072

점유회수

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On October 26, 2013, the Plaintiff: (a) acquired the ownership of the real estate indicated in the separate sheet (hereinafter “instant real estate”) in the Suwon District Court E Real Estate Auction case of the Suwon District Court E Real Estate (hereinafter “instant real estate”); and (b) received an order of delivery deemed by the Defendants to be subsequent to the purchase and sale of shares and the partition of co-owned property, and was divided into the instant real estate.

As indicated in the table below, the Plaintiff entered into a contract for civil construction works (hereinafter “instant contract”) with the terms and conditions that the “housing site creation works” was contracted, and completed the horse construction work on January 2014.

On October 26, 2013, the date of the commencement of construction works for creating a housing site for the details of construction works on October 26, 2013; and on November 1, 2013, the date of the scheduled completion of construction works; and the construction cost of KRW 682,50,000,000;

B. D filed a petition for bankruptcy on May 18, 2015 when the Plaintiff did not pay the construction cost under the instant contract at all, and the bankruptcy procedure following the petition was concluded on March 23, 2016 by the decision to abolish the instant bankruptcy.

C. As the Plaintiff was not paid the above construction cost from D, from February 2014, the Plaintiff indicated “in the course of exercising the right of retention” as a paint on the container stuff installed on the instant real estate from around February 2, 2014, and installed a sign or banner, “in the event of the right of retention,” at a place where the stone embankment and retaining wall are installed, as well as a sign or banner, which is “in the event of the right of retention,” which is “in the event of the right of retention,” and has been placed in a container stuff and controlled other persons’ entry.

The Defendants acquired the ownership of the instant real estate by winning the instant real estate in Suwon District Court E’s auction on July 18, 2014, which was applied by the Asset Management Company as a mortgagee, and paying the sales price on September 4, 2015.

E. Afterward, the Defendants issued an order to deliver real estate of this case to the said court against the Plaintiff and D.