건물명도
1. The judgment of the court of first instance is modified as follows.
2. The defendant shall attach the attached Form 2 to the plaintiff among the second floor of the real estate stated in the attached list.
1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420
2. According to the above facts of determination as to the cause of the claim, the defendant occupies the part (A) of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 among the real estate listed in the attached Table No. 1 (hereinafter “the building in this case”) owned by the plaintiff among the two floors, and thus, the defendant is obligated to deliver the second floor of the building in this case to the plaintiff, unless there are special circumstances.
3. Judgment on the defendant's assertion
A. On October 20, 2002, the Defendant concluded a lease contract with D, E, F, and G on the second floor of the instant building, which is the former owner of the instant building, with a deposit of KRW 250 million (hereinafter “instant lease contract”), and paid KRW 250 million to D, and acquired opposing power by concluding a move-in report on November 15, 2002.
Therefore, the Defendant cannot respond to the Plaintiff’s claim for delivery before receiving a refund of KRW 250 million from the Plaintiff who succeeded to the lessor’s status by obtaining a successful bid for the instant building and acquiring the ownership thereof.
B. In full view of the respective descriptions and images of Gap's evidence Nos. 1, 4 through 14, 16 through 19, and Eul's evidence Nos. 1 through 23 (including various numbers), and the overall purport of the testimony and arguments of the first instance court witness D, the following facts and circumstances are acknowledged. (A) The defendant is the wife of D, the former owner of the building of this case, and according to the above D's testimony, the lease contract of this case appears to have been prepared by the J, the wife of this case, but it cannot be determined when the actual document was made because it was not obtained a fixed date.
B. The Defendant, as the former co-owner of the instant building, shall raise objection from D, etc.