(영문) 수원지방법원성남지원 2017.10.20 2017가단4972

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(영문) 수원지방법원성남지원 2017.10.20 2017가단4972

건물인도 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

- On November 11, 2015 with respect to the instant real estate owned by C, the procedure for compulsory auction was initiated in Suwon District Court, Sung-nam Branch D on November 6, 2016. On December 6, 2016, the Plaintiff was awarded a successful bid for the instant real estate at the above auction procedure and registered the ownership transfer registration under the name of the Plaintiff as the receipt of No. 92337 of the receipt on December 12, 2016 and No. 475 of the same registry office on January 3, 2017.

- On February 25, 2016, the Defendant had a claim for construction cost of KRW 114,350,000 relating to the instant real estate against C, and reported a lien to the above auction court, and possessed the instant real estate by asserting a lien until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, summary of the plaintiff's claim as to the real estate of this case does not exist, and since the defendant occupied the real estate of this case after the compulsory decision of commencement of auction was registered, the defendant may not exercise a lien on the real estate of this case.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, and to pay unjust enrichment equivalent to the monthly rent of KRW 1,000,000 from December 7, 2016 to the completion date of delivery of the instant real estate after the Plaintiff’s successful bid.

Whether the Defendant’s lien on the instant real estate was established, comprehensively taking account of the following: (a) evidence Nos. 2, 3, Eul evidence Nos. 1 through 4, Eul evidence Nos. 6, Eul evidence Nos. 8 through 12, and the purport of the entire pleadings in each of the statements and videos Nos. 8 through 12 (including the branch numbers; hereinafter the same shall apply) of the instant real estate; (b) on February 3, 2014, the Defendant was awarded a contract for construction work of newly constructing a house of 114,350,00 won on each of the lands listed in the Schedule Nos. 1, 2, and 3 from C, the owner of the instant real estate, to which the construction

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