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1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
In each entry (including additional number) in Gap evidence Nos. 1 through 4, and when examining the purport of the whole pleadings, the plaintiff purchased a building listed in the attached list (hereinafter referred to as "the building of this case") from the Reinforcement-gun on June 12, 2015, and completed the registration of ownership transfer on the same day. Since the fact that the defendants are occupying the building of this case is recognized (the possession of defendant B can be recognized if the purport of the whole pleadings is stated in the evidence No. 4, and the whole purport of the pleading is neglected), so long as the defendants failed to state their possessory source on the building of this case, the defendants must deliver the building of this case to the plaintiff.
The Defendants asserted that they refuse to deliver the pertinent building until they receive the beneficial cost and necessary cost invested in the instant building, but there is no evidence to support this.
Even if the facts underlying the Defendants’ assertion are acknowledged, in light of the Defendants’ assertion and statement in this case and the purport of the entire pleading, the Defendants occupied the building of this case without knowing or without knowing by negligence that they did not possess possession rights, and in such a case, the Defendants, the possessor, cannot assert the right to attract the Plaintiff (see Articles 203(3) and 320(2) of the Civil Act), and there is no room to acknowledge the Defendants’ right to refuse performance, such as the right to simultaneous performance objection, etc., and thus, the Defendants’ assertion cannot be accepted.