1. The defendant shall draw up to the plaintiff (appointed party) and the appointed party a map of 114.40 square meters on the 1st floor of the building indicated in the attached list.

피고는 2011. 5. 23. 원고(선정당사자, 이하 ‘원고’라고 한다)로부터 원고 소유의 별지 목록 기재 건물 1층 114.40㎡ 중 별지 도면 표시 1, 2, 3, 4, 5, 10, 1의 각 점을 차례로 연결한 선내 ㈎부분 49.92㎡(이하 ‘이 사건 건물’이라 한다)를 임차하여 그 명의로 사업자등록을 마치고 배우자 C과 함께 ‘D’을 운영하였다.

Around April 24, 2012, the Plaintiff entered into a lease agreement on the instant building by changing the lessee from the Defendant to C.

After that, in Suwon District Court Decision 2015Kadan21271 rendered a decision to deliver the instant building to the Plaintiff on October 6, 2015, with the remainder of money obtained from the Plaintiff at the rate of KRW 11,871,00 from July 23, 2015 to the date the delivery of the instant building is completed, and at the same time, the judgment to deliver the instant building became final and conclusive.

On the other hand, on December 5, 2017, the Plaintiff donated 1/4 shares among the buildings listed in the attached list to the designated parties and completed the registration of ownership transfer.

On June 11, 2018, Suwon District Court E intended to deliver and execute the building of this case as the executive title of the above judgment on the Plaintiff’s request, but it became impossible to execute the said judgment on the ground that the nominal owner of the business was the defendant and the occupational relation was different.

【Legal basis for recognition” Nos. 1-1, 2, 2, and 5-7 of the evidence, and the purport of the whole pleadings, the defendant is obligated to return the building of this case possessed by the defendant to the plaintiff and the designated parties who are the owner of the building of this case. Thus, the plaintiff and the designated parties' claims are justified.