1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff sold each real estate listed in the separate sheet at the auction procedure, and completed the registration of ownership transfer on June 13, 2013.

B. The Plaintiff filed an order to deliver real estate with the Defendant representative director C, and on July 18, 2013, the Suwon District Court: (a) decided that “C shall deliver the real estate indicated in the separate sheet to the Plaintiff and the Gyeonggi-do Si, Seoul Special Metropolitan City (E) the same shall not apply on the ground that the execution of the notice of delivery of real estate was different from the possession of the goods subject to execution.

C. Accordingly, on September 24, 2013, the Plaintiff filed an application for a real estate delivery order with the Defendant again, and on February 10, 2014, the Suwon District Court rendered a decision that the Defendant handed over the Plaintiff a 490.49 square meters of the land floor among the real estate listed in attached Table 2 (hereinafter “instant real estate”), among the real estate listed in attached Table 2, to the Plaintiff (F) and the Defendant appealed, but the Suwon District Court dismissed the Defendant’s appeal on March 12, 2014.

(2014Ra387) 【No ground for recognition】 The entry in Gap’s 1 through 6, 9, 12, 14, Eul’s 1 and 10 certificates (including virtual numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant occupied the instant real estate owned by the Plaintiff from June 13, 2013 to June 12, 2014 without any title, and thus, is obligated to return unjust enrichment equivalent to the rent therefrom to the Plaintiff.

B. On July 18, 2013, the Defendant asserted that the instant real estate was delivered to the Suwon District Court and did not possess the instant real estate from that time in accordance with the order to deliver the real estate E, and the real estate stored in the instant real estate was not related to G industry goods.

3. Determination

A. As to the recognition of the Defendant’s possession of the instant real estate from June 13, 2013 to June 12, 2014, as to whether the Defendant occupied the instant real estate, the health class, Gap’s 7, 10, 20, 24, 25, 27, 29, and Eul’s 5 are written.