건물인도 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on June 19, 2012, among the real estate listed in the separate sheet (hereinafter “instant real estate”) in which C and Defendant A shared 1/2 shares, as a purchaser for a compulsory auction procedure at the Incheon District Court DD District Court (hereinafter “instant real estate”).
B. At the time when the Plaintiff acquired the ownership of the instant real estate, Defendant B, who was C, was operating a static restaurant with the trade name “E” at the shop located in the part inside the ship (hereinafter “instant store”) connected each point in sequence of the annexed drawings among the instant real estate, including the indication 1, 2, 3, 4, 5, 6, 7, 8 and 1.
C. On June 8, 2012, the Plaintiff, a co-owner of the instant real estate, delegated the authority to apply for an order to transfer real estate to the part other than the instant store (hereinafter “instant store”) out of the instant real estate, and applied for an order to transfer real estate to the entire real estate pursuant to Article 136 of the Civil Execution Act, and completed the enforcement thereof on September 26, 2012.
However, Defendant B destroyed the corrective device several times immediately thereafter, and operated the refined restaurant at the instant store again, and the Plaintiff received a decision of the Incheon District Court 2013Kahap106 on March 21, 2013 on the disposition of the provisional disposition of the real estate name enhancement as to the instant store against Defendant B as the Incheon District Court 2013Kahap106, and the execution was completed, and the possession of the instant store was revoked.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 3, 13, and 15, the result of the verification by this court, the purport of the whole pleadings
2. Determination as to the cause of action
A. C and F, a co-owner of the instant real estate in the summary of the Plaintiff’s assertion, owned the instant store independently by C and F, but the registration was decided to make a registration of sharing one half of each of the shares of the instant real estate. The Plaintiff purchased the shares of C among the instant real estate.