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1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. The facts in the separate sheet concerning the plaintiff's cause of claim do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in the separate sheet Nos. 1 through 6 (including the provisional number). Thus, the defendant is obligated to deliver to the plaintiff each real estate listed in the separate sheet possessed within the business territory of the plaintiff's association.
2. Judgment on the defendant's assertion
A. The defendant, around May 2009, is entering into a lease agreement with C (the inside director of the defendant representative) and occupies and uses each real estate listed in the separate sheet, and is scheduled to claim reimbursement of necessary expenses, beneficial expenses, and claims for the purchase of accessories, etc., so it is not possible to accept the plaintiff's claim. However, the evidence submitted by the defendant alone is insufficient to recognize each requirement of the necessary expenses, the claim for reimbursement of beneficial expenses, and the claim for purchase of accessories, and there is no other evidence to acknowledge
B. In addition, the defendant is still underway between the plaintiff and C with the claim for ownership transfer registration of each real estate listed in the separate sheet (Seoul High Court 2016Na2004738), and since the administrative litigation seeking the nullification of the plaintiff's association is also in progress, the plaintiff's claim cannot be complied with. However, the above circumstance alone is insufficient to dismiss the plaintiff
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.