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1. The defendant shall display [Attachment 1] 42,417.12m2 [Attachment 2] of the real estate indicated in the list to the plaintiff.
Reasons
1. Facts of recognition;
A. On April 5, 2010, the Plaintiff: (a) purchased a store (hereinafter “each of the instant stores”) Nos. 404, 405, 406, 407, 408, and 409 (hereinafter “each of the instant stores”) on the fourth floor of the real estate listed in the list (attached Table 1) (hereinafter “instant building”); and (b) paid the sales price to the Defendant (hereinafter “instant sales contract”); and (c) paid the sales price to the Defendant.
B. On December 30, 2013, the Plaintiff filed a lawsuit against the Defendant, etc. on the claim against the Incheon District Court 2013Kahap36596, including cancellation of registration of initial ownership due to the invalidation of cause. On December 10, 2014, the Plaintiff was sentenced to the judgment of December 10, 2014 that “The Defendant shall implement the procedure for registration of ownership transfer for each of the instant stores to the Plaintiff on April 5, 2010,” and the said judgment became final and conclusive on September 30, 2016.
C. As of the date of closing argument of the instant case, the Defendant occupied and managed each of the instant stores by leasing them to a third party.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. According to the facts of the above recognition, the defendant is obligated to deliver each of the instant stores to the plaintiff according to the instant sales contract.
On November 3, 2010, the name of the owner of the building of this case was changed from the defendant to Cro, from December 1, 2010 to Non-NFD Co., Ltd. (hereinafter “Non-NFD”), and on April 9, 2012, the registration of ownership transfer was completed in the name of Non-NFD on the building of this case, and on April 24, 2012, the registration of ownership transfer was completed in the name of International Trust Co., Ltd.; and on April 24, 2012, the circumstances that the status of the provisional attachment and provisional disposition on the building of this case, the completion of attachment registration, the exercise of lien, and the criminal complaint, etc. (the purport of the entire B, 3 and pleadings) is difficult to be deemed a justifiable reason to block the Plaintiff’s claim for delivery of this case.