토지인도
1. All appeals filed by the Plaintiff and the Defendants are dismissed.
2. The Defendants are subject to the claims added by this court.
1. Determination as to the cause of claim
A. On November 16, 2015, the Plaintiff purchased the entire real estate of this case from D, the representative director of E Co., Ltd., and from E and D, the Plaintiff completed the registration of ownership transfer as to the entire real estate of this case on February 26, 2016. (2) The Defendants, while operating G in the entire real estate of this case, enter the real estate of this case into the real estate of this case as indicated in attached Table 1(2) on the ground of the real estate listed in attached Table 1(hereinafter “part of this case”) listed in attached Table 3 (hereinafter “each ground of this case”).
[Ground for recognition] Unsatisfy, Gap evidence 3 (including branch numbers, hereinafter the same shall apply), Eul evidence 3, the result of the request for appraisal by this court, the purport of the whole pleadings
B. Therefore, the Defendants, as the owner of the entire real estate of this case, have the duty to deliver the entire real estate and take the land of this case, barring special circumstances.
2. Determination as to the defendants' defense
A. The Defendants’ defenses by the Defendants had a legitimate right to possess the entire land of this case by occupying the entire land of this case as a legitimate lessee against the Plaintiff.
B. In full view of the facts without dispute, Gap evidence No. 1, Eul evidence No. 3, and the purport of the entire pleadings, the defendants entered into a contract to lease the whole real estate of this case from D on July 30, 2015 with a lease deposit of 20 million won, rent of 2.5 million won, lease period of 2 years, and lease period of 2 years (hereinafter "lease of this case") (hereinafter "lease of this case"), ② the plaintiff purchased the above real estate from D on November 16, 2015 and agreed to succeed to the lease of this case as of November 16, 2015; ③ the defendants used the above real estate of this case until now, and it is recognized that the defendants used the above real estate of this case and got profits therefrom, and otherwise, the lease of this case is terminated by the plaintiff of this case.