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(영문) 서울남부지방법원 2020.03.26 2019나52841
부당이득금
Text

1. The plaintiff's primary claim added by this court and the plaintiff's appeal are dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The real estate indicated in the attachment (hereinafter “instant real estate”) was owned by C. D, the mortgagee of the right to collateral security, filed an application for voluntary auction with the Incheon District Court E, and the said court rendered a decision to voluntarily commence the auction on April 6, 2016, and completed the registration on the same day.

An appraiser F made an appraisal of the instant real estate as of April 29, 2016 at the request of the above court, and the appraiser F was 852,00,000 won.

B. On April 14, 2016, the Plaintiff entered into a sales contract with C to purchase the instant real estate at KRW 790,000,000 for the purchase price. The Plaintiff occupied the instant real estate to C, and transferred the facility renovation and repair works, etc., and on this ground, reported the lien to the auction court.

C. On January 12, 2018, the instant real estate was sold to the Defendant in the auction procedure for real estate.

The defendant filed an application against the plaintiff in Incheon District Court G for an order of delivery of real estate, and the plaintiff asserted the right of retention. However, on March 8, 2018, the auction court rejected the plaintiff's assertion on the ground that the person who acquired the right of retention cannot claim his/her right of retention in the auction procedure, and issued the order of delivery at that time. The above order of delivery was executed around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, and 8, the purport of the whole pleadings

2. The plaintiff's assertion

A. The main claim is that the soup floor of the second floor of the real estate in this case constructed or installed by the plaintiff, the soup floor of the second floor of the real estate in this case, the high-class brick, the soup block, the interior interior interior interior interior the smoking room of the making place, the total floor waterproofing materials (hereinafter collectively referred to as the "first floor") correspond to the real estate in this case, and therefore, the plaintiff is not entitled to ownership and the plaintiff is combined with the articles listed in Nos. 1 through 15 in the annexed list No. 1 and No. 15.

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