건물명도(인도)
1. The Defendants shall deliver to the Plaintiff the real estate listed in the separate sheet Nos. 1 and 3.
2. The costs of lawsuit are assessed against the Defendants.
1. Determination as to the claim against the defendant B
(a) Indication of claim: Claim for delivery based on ownership against the defendant who occupies the real estate listed in paragraphs 1 and 3 of the attached list owned by the plaintiff
(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);
2. Determination as to the claim against Defendant C, D, E, and F
A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 4, and 6 as to the cause of the claim, the following facts are revealed: (a) with respect to the real estate listed in [Attachment List Nos. 1, 2 (hereinafter “instant land and building”), the provisional registration of the right to claim ownership transfer registration based on the purchase and sale reservation was completed on January 29, 2015; and (b) on July 25, 2017, the ownership transfer registration was completed in the plaintiff’s future on the basis of the provisional registration above; (b) the rest, restaurant, toilet, etc. among the instant building was destroyed in around 2016 and remains at least 332.07mm2 of the multi-story dangerous substance storage facilities as listed in the Attached List No. 3, D, E, and F (hereinafter collectively referred to as “defendants”) as to the possession of the instant land and the building in [Attachment List No. 3 (hereinafter referred to as “on the present site”).
According to the above facts of recognition, the defendants are obligated to deliver the above land and existing buildings to the plaintiff, except in extenuating circumstances.
B. The defendants' defense that "it is not only entitled to possess a commercial tenant with opposing power, but also can not respond to the plaintiff's claim until the lease deposit is returned," and the defendant D, the wife of defendant C, who is the wife of defendant C, purchased the land and buildings in this case owned by him from September 7, 2013 to KRW 956 million, and the down payment of KRW 50 million is paid on the date of the contract, and the intermediate payment of KRW 656 million is paid on the date of the contract, and the above real estate is substituted by the defendant D's acceptance of the borrowed debt that B borrowed as security.