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(영문) 대구지방법원 2018.09.19 2018가단6843
점유회수
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the building of this case was completed upon entering into a construction contract with C and the building of this case, and the claim for construction cost was secured and possessed while exercising the right of retention on the building of this case. However, the defendant forced delivery of the building of this case to D as the executive title of the judgment on delivery of the building of this case (Tgu District Court 2015No42688) against D, the representative of the plaintiff. This violated Article 320 of the Civil Act, and thus, the defendant is obligated to deliver the building of this case to the plaintiff pursuant to Article 204 of the Civil Act.

2. In light of the evidence evidence Nos. 1, 2, and 4, it is insufficient to view that the evidence submitted by the Plaintiff alone was possessed by the Plaintiff while exercising the right of retention on the instant building, and there is no other evidence to prove otherwise.

Therefore, the prior plaintiff's assertion is rejected on a different premise.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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