점유회수청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the determination as to the assertion of dismissal or addition by the Plaintiff, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
(hereinafter referred to as "The first instance court's abbreviation is in progress in the appellate trial (No. 2018Na21646)" in the part 3, 5, and 6 in the part 3, 5, and 6 (hereinafter referred to as "the first instance court's abbreviation is in progress after the plaintiff appealeds to this case, but the judgment dismissing the appeal was rendered on June 21, 2019 (No. 2018Na21646 of the Gwangju High Court)."
Parts 4, 16, and 18, up to 18, are as follows.
(1) In the instant compulsory auction procedure, the report on the survey of the current status of real estate prepared and submitted on or around February 2014 and around March 2014 (Evidence Nos. 2 and 3) was stated as “the possession of the debtor and the possession of the owner of the debtor,” and the photographs attached to the instant report, which the Plaintiff installed a banner or a public announcement, etc. to inform the Plaintiff during the exercise of the right of retention, cannot be seen only by the photographs attached to the instant report.
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3. Additional determination
가. 원고의 주장 원고는 2011. 12.경부터 원고의 직원 J을 현장에 상주시키면서, ㉠ ‘유치권 행사중’이라고 기재된 대형 현수막, 공고문 등의 설치, 미설치된 뒷문을 합판으로 폐쇄하고 여기에 ‘유치권 행사’ 사실을 기재하고, ㉡ 이 사건 건물 출입구 쪽에 쇠말뚝을 박고 쇠사슬을 설치하여 외부인의 출입을 통제하며, ㉢ 청소 및 제초작업, 지하실 침수 시 양수작업, 시설물 확인 등의 관리행위를 하는데다, ㉣ 인근 G의 주택에 CCTV를 설치하는 등의 방법으로 이 사건 건물을 점유, 관리하였다.
However, the defendant's lawsuit seeking confirmation of non-existence of a lien is underway around April 18, 2017 and around July 13, 2017.