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1. The defendant points out of the 6th floor of the building listed in the attached list to the plaintiff 1, 2, 3, 4, and 1 of the attached Form No. 1.
Reasons
1. The facts below the facts of recognition are either in dispute between the parties or in full view of the purport of the entire pleadings in Gap 1.
A. The Plaintiff is the owner who completed the registration of ownership transfer concerning the instant building on February 28, 2014, after receiving the bid price of the instant building from the court E compulsory auction case (the FF auction case was simultaneously conducted with respect to the instant building) regarding the building listed in the attached list, which was jointly owned by Nonparty C and D (hereinafter “instant building”).
(On the other hand, in the above auction case, the date of registration of establishment of the highest priority right to the building of this case is March 6, 2002).
Of the six floors of the instant building, the Defendant is an occupant who occupies a part of 10.89 square meters in the section (1), 2, 3, 4, and 1 of the attached drawing (hereinafter “the instant bedroom”) in the order of each point of the attached Form No. 1, 2, 3, 4, and 1 among the 6 floors of the instant building, and a part of the attached Form No. 1, 2, 3, 4, and 1 of the 1st floor of the rooftop of the instant building as indicated in the attached Table No. 25.2 square meters in the order of each point in the attached Form No. 2.
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the Defendant, the possessor of the instant bedroom and the rooftop room, is obligated to deliver the instant bedroom and the rooftop room to the Plaintiff, the owner of the instant land.
B. On May 4, 1987, the defendant made a move-in report at the domicile of the building of this case on May 4, 1987. Since the construction of the building of this case around the end of 2000, the defendant leased and occupied the bedrooms and rooftops of this case among the buildings of this case.
The following are the reasons why the Defendant concluded a lease agreement with respect to the instant bedroom and the rooftop room.
(1) The building of this case was newly constructed around the end of 2000 by Nonparty C and D, and C and D requested the Defendant to lend a new building to the Defendant. Accordingly, between October 30, 200 and November 27, 2000, the Defendant is the non-party G, the spouse of the Defendant.