1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. The defendant's claim for delivery of real estate should be made against the possessor, but the lawsuit of this case where the defendant, who is only the possession assistant of the Seongdong Construction Co., Ltd. (hereinafter "Sami Construction"), seeks to deliver the real estate stated in the separate sheet (hereinafter "the apartment of this case") against the defendant is unlawful.

However, in a lawsuit for performance, a person who asserts that he/she is the person who has standing to sue and is asserted as the person who is responsible for performance, has standing to sue, and the person who is asserted as the person responsible for performance is the defendant. Thus, the plaintiff's assertion itself does not require the existence of standing to sue, and the plaintiff and the defendant do not need to be the person responsible for performance (see, e.g., Supreme Court Decision 94Da14797, Jun. 14, 194)

2. Judgment on the merits

A. Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 3, 7, 8, and 9 (including partial numbers) as to the cause of the claim, the plaintiff, as the owner of the building on January 20, 2014, agreed to obtain part of the part of the above D apartment in lieu of the plaintiff's ownership, and the fact that the plaintiff, as the owner of the building on January 20, 2014, set the construction cost of the 1,819,00,000 (Additional dues) for the construction of Kimhae-si Kimhae-si, and the construction period from January 21, 2014 to July 2, 2014, Eul continued the construction after the suspension of the above construction, and Eul continued to receive part of the construction cost on June 2, 2014.

According to the above facts, the defendant who occupies the apartment of this case, unless there are special circumstances, shall be the apartment of this case.