건물명도
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. The facts that there is no dispute between the parties to the judgment as to the cause of the claim, and according to the overall purport of Gap evidence Nos. 1 and 4, the plaintiff is the owner of the real estate listed in the separate sheet (hereinafter "the apartment of this case"), and the defendant can recognize the fact that the apartment of this case is possessed as of the date of the closing of argument of this case. Thus, the defendant has a duty to deliver it to the plaintiff, the owner, unless there is a legitimate right to occupy the apartment
2. Judgment on the defendant's assertion
A. The defendant's assertion that the apartment of this case was purchased by C, D, and 3 in shares of 1/3 from C, D, and that the apartment of this case was purchased by C, C, and D (hereinafter "C, etc.") entered into a sales contract with the management office for the apartment of this case with the purchase price of KRW 580 million, and paid the down payment of KRW 7 million and the unpaid management fee of KRW 3 million, and thereafter, the apartment of this case was handed over by C, etc.
Since the defendant paid the sum of the down payment and unpaid management expenses by the plaintiff's negligence, the defendant is obligated to deliver the apartment of this case to the plaintiff at the same time with the payment of the above KRW 10 million from the plaintiff.
B. According to the evidence revealed earlier, the Plaintiff entered into a lease agreement between C and C on January 7, 2017 with the lease deposit of KRW 20 million, KRW 1450,000 per month, and the lease term of KRW 1.55 million from January 9, 2017 to January 8, 2019, and the fact that the instant apartment was delivered to C around that time.
However, there is no evidence to acknowledge each of the above arguments by the defendant.
Even if the Defendant concluded a sales contract with C, etc. and received the delivery of the instant apartment.
Even if there is no evidence to prove that C, etc. has the right to sell the apartment of this case, the apartment of this case is to the defendant.