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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. Basic facts
A. On January 11, 2017, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Jung-gu District Court C voluntary auction procedure (hereinafter “instant auction procedure”) and completed the registration of ownership transfer in the name of the Plaintiff.
B. The Plaintiff was ordered to deliver the said real estate to Nonparty D, who was the former owner of each of the instant real estate, and accordingly, sought enforcement officers to deliver the said real estate on March 7, 2017. However, at the time, F Co., Ltd. (hereinafter “F”) possessed each of the instant real estate, and the enforcement officer failed to execute the delivery of the real estate on the ground that the possession of the said real estate was different from that of the said real estate subject to enforcement.
C. The Plaintiff again received an order to deliver real estate regarding each of the instant real estate from F, and accordingly, the enforcement officer tried to execute the delivery of real estate on August 31, 2017. However, at the time, the enforcement officer failed to execute the delivery of real estate on the ground that the Defendant occupied each of the instant real estate and the possession relationship of the subject matter was different.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the above real estate to the plaintiff, unless there is a legitimate title to possess the above real estate.
B. The defendant's assertion that the right of retention defense of the defendant is one of the parties asserting that the defendant has a claim for the construction cost as it did not receive the construction cost even after concluding a construction contract with D with regard to each of the instant real estate, and has occupied each of the instant real estate before the auction procedure of this case and has exercised the right of retention until the payment is made in full.