유체동산반환 및 사용료지급청구
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On January 20, 2011, the compulsory auction had been initiated as G District Court G on the attached Table 1 (hereinafter “instant building”) with respect to the buildings listed in the attached Table 1 at the request of the Postal Integrated Construction Company F, a creditor of F.
B. On March 16, 2011, Defendant C reported the lien on the instant building and began to occupy the instant building with the claim for construction cost of KRW 2.2 billion related to the construction of the instant building as the secured claim. The Appointor E jointly managed the instant building possessed by Defendant C as the creditor of the Defendant C by means of securing the relevant claim.
C. After that, on May 27, 2014, Defendant (Appointed Party) B and Appointed D purchased the instant building at the above auction procedure, and on June 25, 2014, the registration of ownership transfer was completed due to a compulsory auction and began to hold possession.
Meanwhile, on November 19, 2010, H purchased the instant corporeal movables at KRW 40,400,000 from the family auction procedure (the District Court Decision 2010Du3161) on the corporeal movables listed in the attached Table 2, which were installed within the instant building (hereinafter “corporeal movables”).
[Ground of recognition] Facts that there is no dispute between the plaintiff and the defendant (appointed party), entry of Gap evidence Nos. 1 and 3 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On December 8, 2010, the Plaintiff asserted that: (a) purchased the instant corporeal movables from H, the owner of the instant corporeal movables, at KRW 100 million; (b) as such, Defendant B and Defendant D possessing the instant corporeal movables should deliver the instant corporeal movables to the Plaintiff; and (c) the Defendants, who used the instant corporeal movables without any title, should return to the Plaintiff unjust enrichment equivalent to their use profits.
B. As to whether the Plaintiff is the owner of the instant corporeal movables, each of the aforementioned evidence and evidence.