점유회수
1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.
2. The costs of lawsuit shall be.
1. Basic facts
A. On June 2009, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties (hereinafter “Plaintiff, etc.”) occupied the building indicated in the separate sheet (hereinafter “instant building”) as the lien holder. The Sungsan Town Co., Ltd. (hereinafter “Masan Town”) acquired the ownership of the instant building on June 10, 209, and lost possession by removing the banner installed by the Plaintiff, etc. on June 12, 2009 and driving away the Plaintiff, etc.
B. Accordingly, on June 8, 2010, the Plaintiff et al. filed a lawsuit for the recovery of possession (hereinafter “related lawsuit”) with the competent court No. 2010Gahap5793, which was decided against June 13, 2012, and filed an appeal with the Busan High Court No. 2012Na3282, Jul. 27, 2012.
C. On October 30, 2012, the appellate trial proceeding pending, the Defendants filed an application to intervene in the said lawsuit and participated in the said lawsuit. Thereafter, on December 21, 2012, the Defendants acquired the ownership of the said building on December 21, 2012, after receiving a successful bid of the said building in the case of the public auction of real estate (hereinafter “instant auction”), the Changwon District Court F (G (Du), H (Du), and I (Du) (hereinafter “the instant auction”). At that time, the Defendants commenced possession of the said building.
In a lawsuit related to August 22, 2013, while the Busan High Court in Busan High Court judged that Sungsan has deprived of possession of the plaintiff et al., if it intends to request the delivery on the ground of illegal possession, it shall be against the person who actually occupies the object. However, as of the closing date of pleadings, the appeal by the plaintiff et al. was dismissed on the ground that the defendants, not Sungsan Port, occupy the building of this case. The judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2 and 5, facts with merit in this court, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion 1 et al.