불법점유 목적물 반환등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 6, 2001, the Defendant (the former trade name was a “construction notice Co., Ltd.”). Around September 6, 2001, the Defendant (the former trade name was a contracting party for the new construction of reinforced concrete structure’s slab roof collective housing (hereinafter “instant collective housing”) on the 2nd ground outside Gangnam-gu, Seoul, and completed the said building on January 2003, 200.
B. However, as the Plaintiff could not pay the claim for the construction price under the above contract, the Defendant occupied the instant apartment house while exercising the right of retention as the lien holder of the above contract price claim. Of the instant apartment houses, No. 501 of the fifth floor among the instant apartment houses is the instant real estate.
[Reasons for Recognition] The entry of evidence Nos. 1 to 3 and the purport of the whole pleading
2. The plaintiff asserted that the plaintiff acquired ownership by acquiring the successful bid price after receiving a successful bid price in the auction procedure of the real estate C in the instant case from the court around March 2014. Since the defendant, after completing the instant real estate, illegally occupied the instant real estate by asserting a lien on the ground that he did not receive the construction price from the only passenger company, and in violation of the fiduciary duty, manages the instant real estate and interferes with the plaintiff's use and profit-making, the defendant is obliged to deliver the instant real estate to the plaintiff and pay damages equivalent to the cost of repairing the building and the profit from using the real estate.
3. There is no evidence to acknowledge that the Plaintiff had been awarded the instant real estate bid during the said real estate auction procedure.
Rather, comprehensively taking account of the purport of the entire pleadings in the statement No. 3, it can be recognized that D acquired ownership by winning a successful bid for the instant real estate in the said C Voluntary Auction proceeding, and that Daesung Holdings Co., Ltd. completed the registration of ownership transfer on March 14, 2017 with respect to the instant real estate.