Text
1. The Defendants indicate 1, 2, 3, 4, and 4 of the attached Form 1 among the first floor of the real estate listed in the attached Table to the Plaintiff’s successor intervenor.
Reasons
1. Facts of recognition;
A. On October 26, 2012, Defendant B Co., Ltd. completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant building”).
B. On October 22, 2015, the instant building was sold to the Plaintiff at a voluntary auction, and the Plaintiff’s ownership transfer registration was completed on the same day.
C. The Defendants possess the building portion of this case by installing machinery and appliances, such as painting equipment and facilities, etc., owned by Defendant C in each of the respective building parts listed in paragraph (1) of this Article (hereinafter collectively referred to as “the instant building parts”).
On December 29, 2016, the Plaintiff completed the registration of transfer of ownership on the instant building on December 28, 2016 to the intervenors.
[Reasons for Recognition] The entry of Gap evidence Nos. 1 to 3 and 5, and the purport of the whole pleadings
2. As to the Plaintiff’s claim, the Plaintiff sought delivery of the instant building portion and return of unjust enrichment against the Defendants on the premise that the Plaintiff is the owner of the instant building, but there is no evidence to acknowledge that the Plaintiff owned the instant building. Rather, as seen earlier, the Plaintiff completed the registration of transfer of ownership as to the instant building on December 29, 2016, and thus, the Plaintiff’s assertion on a different premise is without merit.
3. According to the above facts of recognition as to the intervenor's claim, the defendants occupy the building part of this case without any title, so the defendants are obligated to deliver the part of this case to the intervenor.
4. According to the conclusion, the intervenor's claim against the Defendants is accepted in its reasoning. The plaintiff's claim against the Defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.