1. The Defendants deliver to the Plaintiff the 1st floor of 217.89 square meters and 13.38 square meters among the buildings listed in the attached list, and on May 24, 2018.

Facts of recognition

Defendant B is omitted from the Plaintiff, and Defendant C is the spouse of Defendant B.

Defendant B completed registration of preservation of ownership of the instant building on November 29, 2011.

On March 9, 2012, Defendant B established the right to collateral security of KRW 339,600,000 with respect to the instant building and borrowed KRW 280,000 from the said association.

On August 20, 2015, the non-party union received a voluntary decision to commence the auction on the instant building based on the aforementioned right to collateral security.

On November 5, 2015, the Plaintiff completed the registration of ownership transfer on the instant building, and subsequently, the Plaintiff paid off all Defendant B’s debt to Nonparty Union, and the Nonparty Union voluntarily withdrawn the application for auction on the same day.

The defendants have been residing on the first floor and the second floor of the building of this case since then.

(Reasons for Recognition) Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number), the purport of the whole pleadings.

The Defendants asserted by the parties, even after transferring the ownership of the instant building to the Plaintiff on November 5, 2015, continued to reside on the first floor and the second floor of the instant building.

Therefore, the Defendants should deliver the occupied portion of the above building to the Plaintiff as the owner of the building, and pay rent and unjust enrichment calculated by the ratio of KRW 1.2 million per month from November 5, 2015 to the completion date of delivery of the above part.

Since the Plaintiff purchased the instant building from Defendant B and consented the Defendants to reside in the instant building without compensation in a lifelong manner, the Plaintiff’s claim of this case is unreasonable.

Even if the Plaintiff’s claim for delivery is justified, the Plaintiff shall pay Defendant B the amount of KRW 150,00,000 calculated by deducting the amount of KRW 300,000 from the purchase price of the instant building from KRW 450,00,000. The Plaintiff’s obligation to pay the remainder of the sales price and the Defendants’ building are the first floor and the first floor.