1. The defendant shall receive the plaintiffs on March 6, 2014 from the Yongsan-gu Seoul Metropolitan Government Yongsan-gu registry office of this court with respect to the size of 79.6 square meters.

1. Basic facts

A. The Plaintiffs are the owners of one-half equity shares in the land indicated in the order.

피고는 2014. 1. 11. 이 사건 토지와 인접한 그 소유 E 토지에서 도로의 출입로로 사용하기 위하여 이 사건 토지의 ㉮, ㉳, ㉵ 부분 약 30㎡에 관하여 월 150만원으로 임대차계약을 체결하였다.

B. After that, the Plaintiffs revised the said monthly rent contract into a deposit of KRW 170 million and a one-year lease agreement, instead of the right to lease on a deposit basis, the Plaintiffs completed the registration of establishment of a neighboring mortgage of KRW 170 million with the obligor A and the maximum debt amount of KRW 170 million as of March 6, 2014. The Plaintiffs received the payment of the said monthly rent by installments until May 30, 2014.

C. On May 10, 2015, the Plaintiff notified the Defendant of the termination and reinstatement of the contract on the grounds of the expiration of the term of the instant lease agreement.

On October 12, 2016, the Defendant applied for voluntary auction based on the instant right to collateral security to F of this Court.

The defendant has used the access route of this case until now.

【Fact that does not have any dispute】

2. According to the Plaintiff’s claim Nos. 3 through 12, and 16, the Plaintiff’s deposit for the repayment of KRW 170,000,000 for the security deposit as the gold 816 of this Court in 2016. As such, the Defendant is recognized to have the obligation to implement the cancellation registration procedure for the registration of the establishment of a neighboring mortgage completed as of March 2, 2017 with respect to the registration of the establishment of a mortgage in Yongsan-gu Seoul Metropolitan Government D pursuant to the receipt of No. 7217, March 6, 2014.

3. As to the defendant's argument

A. The Defendant asserts that, while converting the leased land into the monthly rent contract, the leased land was changed from 30 square meters to 79.6 square meters.

According to Gap evidence No. 3, the lease contract is marked as "79.6 square meters", but in full view of the purport of the entire pleadings in Gap evidence No. 2, the agreement was reached as 1.5 million won per month on January 11, 2014 and on the leased area of 30 square meters, while reaching an agreement with the defendant on a long-standing dispute between Won and the defendant. The lease contract of this case is the lease contract of this case.