건물인도 등
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. Basic facts
A. C owned the real estate indicated in the attached list (hereinafter “instant building”) and the real estate indicated in the attached list located on the pertinent land at the time of racing-si (hereinafter “instant land”).
B. On September 2, 2003, the Plaintiff purchased the instant land and building from C. The Plaintiff completed the registration of ownership transfer on the ground of sale on the same day as the receipt of No. 47287, Sept. 3, 2003, Daegu District Court racing support for the instant land only.
C. As C died on December 31, 2013, the Defendant, his spouse, and E/F jointly succeeded to C’s property.
(The defendant's shares in inheritance are 3/7 and the inheritance shares in E and F are 2/7, respectively).
The Plaintiff filed a lawsuit against the Defendant, E, and F on September 2, 2003 against the Plaintiff seeking the implementation of the procedure for the registration of ownership transfer on the grounds of sale as of September 2, 2003 regarding each of the inheritance shares in the instant building. Upon receiving a favorable judgment on November 4, 2014, the judgment became final and conclusive through the appellate court and the final appeal.
(Seoul District Court Decision 2014Ga2788, Daegu District Court Decision 2014Na21142, Supreme Court Decision 2015Da75704). According to the above decision, the Plaintiff completed the registration of ownership transfer on the ground of sale on September 2, 2003, as the receipt of No. 25815, May 11, 2016, the Daegu District Court Decision 2015Da75704, May 11, 2016.
E. The defendant currently occupies the building of this case.
【Ground of recognition】 A without dispute, entry (including additional number) in the evidence of subparagraphs 1 through 5, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to deliver the building of this case to the plaintiff, the owner of the building of this case, unless there are special circumstances.
As to this, the defendant raised to the effect that the plaintiff could not seek delivery of the above building against the defendant, since the plaintiff had C reside gratuitously in the above building until the building of this case was removed.
Domins, B No. 1.