토지 및 건물인도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
(b).
1. Basic facts (1) On September 16, 2014, the Plaintiff completed the registration of transfer of ownership on the land listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “land No. 1”) and on the land listed in attached Table No. 1 (hereinafter referred to as “instant building”) due to sale on September 15, 2014, with respect to the land listed in the attached Table No. 22, 23, 24, 25, 26, 27, 28, 29, 30, 30, 31, 32, 33, and 22, each of which was linked to the land listed in the attached Table No. 1 (hereinafter referred to as “the land listed in the register”): The registration of transfer on the ground of sale as of September 15, 2014.
(2) On March 18, 2015, the Plaintiff acquired ownership of each of the lands listed in paragraphs 2 and 3 of the attached Table Nos. 2 and 3 (hereinafter referred to as “land Nos. 2 and 3”) due to a voluntary auction.
(3) The Defendants possessed the instant land and the instant building. On the ground of the first land, the Defendants connected 34, 35, 36, 37, and 34, each of the items indicated in the Appendix Nos. 34, 36, 37, and 3 of the said Map Nos. 48, 58, and 64, and 66 of the said Map No. 11 and 3 of the said Map Nos. 48, 58, 58, and 666 of the said Map No. 18, 4 of the table No. 59, 62 of the drawings on the second land, and 63 of the said table No. 3, respectively, were installed on the third land (each of the installed areas is the same as indicated in the Appendix No. 1, and all of the Defendants are owned by the Plaintiff). On November 16, 2016, the Plaintiff enforced compulsory execution in accordance with the judgment of the first instance.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-4, result of survey and appraisal by the first instance appraiser E, purport of whole pleadings
2. (1) The judgment on the cause of the claim is not final and conclusive, but is a condition subsequent to the cancellation or alteration of the judgment on the merits or the provisional execution declaration. Therefore, in case where the creditor obtains satisfaction upon the completion of the execution by the declaration of provisional execution, the judgment on the merits in the appellate court does not take into account the status of the performance of the execution.