건물명도
1. Of the judgment of the court of first instance, the part of the judgment against the Defendants ordering the delivery of the land indicated in the attached Table 1.
1. Facts of recognition;
A. On June 9, 2008, Plaintiff B, Defendant D, and Nonparty L, as the wife of the deceased K (hereinafter “the deceased”) died on June 9, 2008, jointly inherited the land and the building (hereinafter “instant building”) indicated in the attached Table (hereinafter “instant land”) owned by the deceased. As to the instant land and the building on July 30, 2009, Plaintiff A completed the respective inheritance registration as to Plaintiff B, Defendant D, and Nonparty D’s share of 2/9 shares.
B. The instant building is a multi-household housing of the first and third floors underground, and the instant land is used as the site of the instant building.
Defendant D solely occupied the instant building with his wife Defendant C, and leased the instant building Nos. 101, 102 among the instant building to Codefendant E of the first instance trial, 102, 201 of the instant building to Codefendant of the first instance trial, 202 of the instant building, 202 of the instant building to Codefendant of the first instance trial, 202 of the instant building to Codefendant of the first instance trial, 201 of the instant building to Codefendant of the first instance trial, 201 of the instant building, 202 of the instant building to Codefendant of the first instance trial, and J of the first instance trial to Codefendant of the first instance trial.
C. In addition, Defendant D, C and their children N(190) andO (193) made several reports of transfer or move-in after they moved-in to the building of this case on or around October 21, 1996, and they made a move-in report to P around March 10, 2006, again made a move-in report to the building of this case on or around March 10, 2006, and thereafter made a move-in report to P around August 29, 2012.
In addition, around October 17, 2016, the above N andO made a move-in report as 301 on the third floor of the building of this case and has been residing up to now.
However, on December 12, 2013, Defendant C filed a lawsuit against Plaintiffs and Nonparty L, the Seoul Central District Court 2013da328501 (hereinafter “the lawsuit claiming the transfer of ownership”), and Defendant C purchased the instant real estate from the deceased, who was a Siberter around January 1, 1999, with the purchase price of KRW 270 million.