건물명도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 7, 2011, the Defendant contracted the new construction of the building indicated in the attached Table (hereinafter “instant building”) from C Agricultural Association Corporation (hereinafter “Nonindicted Corporation”) to perform the said construction work.
B. D completed the registration of ownership transfer on the instant building by means of public sale on February 17, 2014, and the Plaintiff completed the registration of ownership transfer on July 31, 2015.
C. The Defendant asserted the right of retention on the instant building and occupies the said building.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 8 and 13 (including branch numbers; hereinafter the same shall apply)
2. The Plaintiff’s assertion is the owner of the instant building.
On the other hand, the defendant renounced the right of retention on the building of this case, and the claim for construction cost, which is the secured claim of the above right of retention, expired by prescription, or D loses possession on the building after D acquired the ownership of the above building, and thus no right of retention exists, the defendant asserts that the right of retention exists, and occupies the above building without a justifiable title.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
3. On the premise that the Plaintiff is the owner of the instant building, the Plaintiff sought to deliver the instant building to the Defendant, and this is examined first.
A. As to who is a party to a contract in cases where an actor who enters into a relevant legal doctrine was engaged in a legal act in the name of another person, the intent of the actor and the other party shall be determined as the party to the contract in accordance with the same intent. In cases where the intent of the actor and the other party are inconsistent, the specific details of the contract before and after the conclusion of the contract, such as the nature, content, purpose, and details of the contract.