건물점유회수
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 4, 2016, with respect to the building indicated in the separate sheet, owned by the Plaintiff (hereinafter “instant building”), C, as the debtor, filed an application for voluntary auction of the instant building with the court D on May 16, 2018, and received a decision to commence voluntary auction (hereinafter “instant auction procedure”) from the said court on May 18, 2018, by designating the Plaintiff as the debtor. On the same day, KRW 18 billion with the maximum debt amount, KRW 18 million with the maximum debt amount, and KRW 24 million with the maximum debt amount on September 16, 2016.
B. On October 26, 2018, the Defendant obtained the instant building from the instant auction procedure and completed the registration of ownership transfer based on it.
C. As to the instant building, the Defendant applied for an order to deliver real estate to the Plaintiff to the court E on October 29, 2018, and applied for an order to deliver real estate to F and G with the court H on December 11, 2018, and received the instant building on February 18, 2019 through compulsory execution.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The plaintiff asserts that the defendant should return the building of this case to the plaintiff, in accordance with Article 204 (1) of the Civil Code, since the plaintiff lawfully occupied the building of this case but illegally deprived of such possession by the defendant.
On the other hand, Article 204(1) of the Civil Act provides that "if the possessor has been deprived of possession, he may claim the return of the article and the compensation for damages." Here, "when the possessor has been deprived of possession" refers to a case where the possessor has deprived of factual control without his intention, but the buyer has received an order of delivery against the possessor of the object of auction in the real estate auction procedure.