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(영문) 울산지방법원 2016.09.07 2016나20138
부동산인도 등
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) H purchased the instant building through a public sale procedure around April 26, 2007, and completed the registration of ownership transfer on and around May 25, 2007.

(2) On December 11, 2012, the Korea Workers’ Compensation and Welfare Service applied for a compulsory auction against the instant building to the Ulsan District CourtJ (the foregoing auction case was consolidated on April 4, 2013; hereinafter “instant auction procedure”), A, C, and the Plaintiffs, respectively, acquired 1/4 shares of the instant building in the instant auction procedure and completed the registration of ownership transfer, around January 15, 2014.

After that, on September 25, 2015, after the closing of the first instance trial against the Defendant, A and C sell 1/4 shares of the above building to Plaintiff D, respectively, and at present, Plaintiff B is co-owners of the 1/4 shares of the above building, and Plaintiff D’s 3/4 shares of the above building.

(3) Defendant G occupies the first floor of the instant building.

[Reasons for Recognition] Each entry or video of Gap, Gap 1, 2, 3, and 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), or the purport of the whole pleadings without dispute

B. According to the above facts of recognition, the defendant is obligated to deliver the part of the first floor of the building of this case possessed by the plaintiffs, the owner of the building of this case, unless there are special circumstances.

2. Judgment on the defendant's right of retention defense

A. The defendant's gist of the defendant's assertion was that the defendant acquired the claim arising from the building of this case from N, and there is a right to attract the first floor of the building of this case until repayment of the above claim is made.

B. At the time of November 20, 2005, the Defendant’s defense (1) was concluded with the KO, a co-owner of the instant building, and completed the construction work on the eight and nine floors of the instant building (hereinafter “the instant interior works”), but the N did not receive KRW 260 million of the construction cost.

② H, etc. shall purchase the instant building on May 30, 2009.

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