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(영문) 부산지방법원 2015.03.25 2014나10370
건물명도 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. A party to the judgment of the court of first instance.

Reasons

1. Article 2(2) of the Civil Procedure Act provides that “B” of the reasoning of the judgment of the court of first instance shall be amended to “E” and “B” shall be amended to “E”

B. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following parts:

2. Parts 1 of the revised decision to commence the auction is established only when a claim arising with respect to the subject matter is due (Article 320 of the Civil Act). Meanwhile, in cases where a lien has been acquired after the registration of the entry of the decision to commence the auction was completed on real estate owned by the debtor and the seizure became effective, it cannot be set up against the purchaser of the auction procedure regarding the subject matter. Even if the contractor who has been awarded a contract for construction, such as expansion or renovation of the building owned by the debtor has been transferred the possession of the building to the debtor before the registration of the entry of the decision to commence the auction was completed, and the construction has been completed after the seizure became effective after the completion of the registration of the decision to commence the auction, and the contractor cannot set up the lien against the purchaser of the auction procedure on the ground of the lien (see, e.g., Supreme Court Decision 2011Da5214, Oct. 13, 201).

According to the above facts of recognition, even if Defendant A has a claim for construction payment with respect to the new construction of the 12th floor building, including the apartment of this case, the apartment of this case, as argued by the defendants.

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