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(영문) 대전고등법원 2015.05.15 2013나10855
부동산인도
Text

1. The defendant's appeal is dismissed.

2. The costs of the lawsuit incurred after the appeal shall be borne by the defendant.

3.For the purpose of the trial:

Reasons

1. Facts of recognition;

(a) The Co., Ltd. 1) the ownership change of each real estate listed in [Attachment 6 and 8] C is each real estate listed in [Attachment 6 and 8 (hereinafter “each of the buildings of this case”).

(2) On March 23, 2012, the Plaintiff purchased each of the instant buildings at the auction procedure conducted to Daejeon District Court D upon the application for voluntary auction by Han Bank, Inc., the mortgagee of the instant building, on the same day on April 10, 2009.

3) On December 10, 2012, the Plaintiff’s succeeding intervenor purchased each of the instant buildings from the Plaintiff and completed the registration of ownership transfer as to each of the instant buildings on the 28th of the same month. (b) On January 4, 2011, the Defendant reported the right of retention as to each of the instant buildings, and on January 4, 201, the Defendant reported the right of retention as to each of the instant buildings at the above voluntary auction procedure to the Daejeon District Court’s Incheon District Court’s branch, which declared that the Plaintiff’s succeeding intervenor exercised the right of retention as a preserved claim. On May 6, 2013, the first instance judgment on the provisional execution sentence of the instant case was rendered by the Plaintiff’s succeeding Intervenor, and the Defendant occupied each of the instant buildings until the completion of delivery execution as to each of the instant buildings on May 16, 2013 pursuant to the first instance judgment on the provisional execution sentence of the instant provisional execution sentence. The Plaintiff’s succeeding intervenor succeeded to the instant lawsuit with the Defendant’s consent to participate in the lawsuit of this case.

2. According to the above facts of determination as to the cause of the claim, unless there are special circumstances, the defendant who occupies each of the buildings of this case is obligated to deliver each of the buildings of this case to the plaintiff succeeding intervenor.

3. The defendant's right of retention defense and judgment

A. The defendant part of each of the buildings of this case upon C's request by the defendant's summary of defense.

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