1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the first instance court, the Plaintiff requested the Defendant to transfer the building and the land, and to take the facilities. The first instance court rejected the request for taking the facilities among them, and the request for taking the building and the land transfer was accepted.

Since this Court appealed against the defendant, the object of this Court's adjudication is limited to the object of the request for delivery of the building and land cited in the first instance trial.

2. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as follows, except for the addition of the following "3. Additional Judgment" to the assertion that the plaintiff added to this court, the part concerning "1. Basic Facts" and "3. Determination as to the specification of the building of this case and the request for extradition of land" is identical with the part concerning "the determination as to the request for extradition of the building of this case and land.

3. Additional determination

A. The Defendant’s assertion voluntarily ordered the Plaintiff to voluntarily issue the instant building. On November 3, 2019, the Plaintiff’s claim premised on the premise that the Defendant occupied the instant building and the instant land was not accepted, and as long as the Defendant voluntarily ordered the instant building, the expropriation ruling that included the portion of (A) and (B) necessary for the removal of the building is null and void.

B. 1) The Plaintiff filed an application with the Daegu District Court for a provisional disposition against the Defendant on September 5, 2018 to order the instant building and deliver the instant land to the Plaintiff on September 5, 2018 (hereinafter “instant provisional disposition order”).

(2) On September 20, 2018, the Daegu District Court enforcement officer completed the delivery execution of the instant building and land in accordance with the instant provisional disposition order.

3) On September 19, 2018, the Plaintiff filed an objection against the instant provisional disposition order with the Daegu District Court (2018Kahap115, and the said court on October 23, 2018).