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(영문) 인천지방법원 2017.09.20 2017가단21731
인도명령에 대한 제3자이의
Text

1. Attached Form C occupied by the Plaintiff on June 19, 2017, based on the Incheon District Court D's order to deliver real estate to C.

Reasons

1. Basic facts

A. On June 29, 2016, the Plaintiff acquired ownership by purchasing from E the real estate listed in the attached Table 1 (No. 102 Dong 103, 103, hereinafter “instant real estate No. 1”).

On February 22, 2017, the Defendant acquired ownership by selling (successful bid) real estate listed in the attached Table 2 (No. 102 Dong 101, 101, hereinafter “No. 2 real estate”), which was owned by G in the auction procedure for F real estate auction by the Incheon District Court.

B. On June 5, 2017, the Defendant received an order of delivery (hereinafter “instant order of delivery”) from the Defendant on June 5, 2017, in the case of Incheon District Court D Real Estate Delivery Order, which is the other Party C.

C. The registered location of the instant real estate Nos. 1 and 2 and the same 102 (No. 102, 102, 102, hereinafter “102, 102, 102”) is “the current building status map” below the attached building status.

However, the previous owner G of the instant real estate No. 2 (No. 101) has occupied No. 102 in terms of the current status of the building falling under No. 103 on the door, and the previous owner E of the instant real estate No. 1 (No. 103) has occupied No. 101 on the door, respectively. Accordingly, the Plaintiff and the lessee who acquired the ownership of the instant real estate No. 1 has occupied No. 101 (No. 103 on the door, No. 103) on the current status of the building. On June 19, 2017, the Defendant entered the compulsory execution against the Plaintiff and C on the building No. 101 (No. 103 on the door, No. 103) on the map of the present status of the building owned by the Plaintiff and C on the basis of the instant delivery order. [The grounds for recognition, No. 101, No. 21, No. 21, No. 32-1, No. 2-31, No.

2. The assertion and judgment

A. 1) Plaintiff’s assertion 1) Real estate No. 2 of this case, the ownership of which the Defendant acquired, is on the door plaque No. 101 (the current building status).

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