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Reasons
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(영문) 서울고등법원 2019.06.27 2018나2048367
건물명도(인도)
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1. The part against Defendant B and C among the judgment of the first instance is revoked.

2. Defendant B and C shall jointly serve as the Plaintiff:

A. Attached Form 1.

Reasons

1. Facts of recognition;

A. On February 16, 2015, the Plaintiff applied for a voluntary auction against each of the buildings listed in [Attachment 1] Nos. 1 and 2, which are owned by G, etc. based on the right to collateral security (hereinafter “each of the instant lands”) and listed in [Attachment 1] Nos. 3 and 4, which are owned by H (hereinafter “H”), Co., Ltd. (hereinafter “each of the instant buildings”) and H (hereinafter “H”). At the time of each of the respective names, the Plaintiff voluntarily decided to commence the voluntary auction of the instant buildings according to the sequence No. 3 buildings.

(hereinafter referred to as “instant auction”) B.

In the instant auction procedure, on March 2, 2015, Defendant B reported, respectively, a lien of KRW 486,50,000 as the secured claim for the construction cost of KRW 486,50,000 against H, and Defendant C reported a lien of KRW 198,50,000 as the secured claim for the construction cost of KRW 198,50,000 against H on March 9, 2015.

C. On April 18, 2016, in the instant auction procedure, the Plaintiff acquired ownership by fully paying the sales price after receiving the decision to permit the sale of the instant land and each of the instant buildings, and upon receiving the decision to permit the sale of the instant land and each of the instant buildings.

The Plaintiff filed an application for an extradition order with respect to each land and building awarded to H, G, and K, and the said court accepted an application for the extradition order on April 28, 2016.

E. Defendant D currently manages each of the instant land and each of the instant buildings (hereinafter “each of the instant land and each of the instant buildings collectively referred to as “each of the instant land, etc.”) while lodging in the instant 4 building in accordance with the guard service contract concluded with Defendant B and C.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (hereinafter referred to as "branch number") and Eul evidence Nos. 1, 2, 6, 7,

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