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(영문) 대법원 2020.09.03 2018다288044
비품사용료
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 258 of the Civil Execution Act provides for the execution of requests for extradition, including immovable property, as follows:

Where there is a movable which is not the object of compulsory execution, in executing an application for extradition of a real estate, such movable shall be removed and delivered to the debtor, his/her relatives, etc. (hereinafter referred to as "debtor, etc.")

(3) and (4). When there is no debtor, etc., the execution officer shall keep such movables at the debtor's expense.

(5) Paragraph 5. When there is no debtor, etc., the execution officer may keep the movables on his own, appoint a creditor or a third person as a custodian, and have him keep them in custody.

In such cases, an execution officer, creditor, etc. may exercise the right of retention until the expenses for custody are reimbursed to the debtor, etc. who requests the receipt of the movable.

2. According to the reasoning of the lower judgment and the record, the following facts are revealed.

D Co., Ltd. built the instant building on the third underground and the 18th ground level around 2009, and registered the preservation of ownership on November 23, 2010.

M Co., Ltd. operated the hotel business in the instant building using the instant fixtures owned by itself from May 2011.

On February 12, 2014, at the request of the first mortgagee of the instant building, the voluntary auction procedure was initiated to Gwangju District Court Netcheon Branch G, and the Defendant purchased the instant building at the above auction procedure.

The Defendant applied for an order to deliver real estate regarding the instant building to the F Hotel Credit Council, etc. to the Gwangju District Court Hacheon Branch H on March 12, 2014, and received the instant building delivered on March 26, 2014.

At the time of compulsory execution, Gwangju District Court's net support enforcement officer had the Defendant keep the instant equipment located in the instant building.

The plaintiff on March 25, 2014.

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