A. The Defendants deliver the real estate listed in the separate sheet;

B. The defendants are jointly and severally liable for 10,500.

A. On January 18, 2017, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on March 20, 2017, on the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On August 17, 2017, the Plaintiff entered into a sales contract with the Profit-making AMS Co., Ltd. (hereinafter “Non-Party Company”) to sell the instant real estate for KRW 940,000,000, and then delivered the instant real estate to the Non-Party Company in advance.

However, the above sales contract was cancelled on December 9, 2017 because the non-party company failed to pay the purchase price properly.

C. Meanwhile, on October 19, 2017, the Defendant Incorporated Association (hereinafter “Defendant Incorporated Association”) concluded a lease agreement between the Nonparty Company to lease the instant real estate with a deposit of KRW 50,000,000, monthly rent of KRW 3,500,000, and the period from October 19, 2017 to October 19, 2019. The Defendants occupied and used the instant real estate from around that time.

On February 20, 2018, the Plaintiff issued a certificate of content requesting the withdrawal from the instant real estate, as the sales contract with the Defendant Incorporated Association was rescinded.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 through 3, Gap evidence 4-6, Gap evidence 7-1, Eul evidence 3-3, and the purport of the whole pleadings

2. Determination

A. According to the above facts, even if the defendant incorporated association entered into a lease agreement with the non-party company, as long as the sales contract entered into between the plaintiff and the non-party company was rescinded, the defendants shall be deemed to possess and use the real estate of this case without any title.

B. As to this, the Defendants did not receive any intermediate payment and any balance after the Plaintiff entered into the instant sales contract with the Nonparty Company.