1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

B. From July 26, 2016, the above A

(b).

Facts of recognition

On October 4, 2013, the registration of ownership preservation was completed in the name of D Co., Ltd. on the instant real estate.

E completed the provisional registration of the right to claim ownership transfer on October 14, 2003 with respect to the real estate of this case on September 7, 2007, the registration of transfer of the above provisional registration was completed on September 7, 2007 to F companies.

F on September 20, 2007, the registration of ownership transfer was completed on the basis of the above provisional registration. However, on May 15, 2015, the Plaintiff cancelled the registration of ownership transfer by subrogation of D in accordance with the final judgment of Busan High Court (original High Court) 2010Na623 case.

On May 15, 2015, the Plaintiff completed the registration of ownership transfer based on sale on April 21, 2015.

Meanwhile, since the Defendants leased the instant real estate from F Co., Ltd. on September 6, 2012 as husband and wife, they have resided in this case until now, and the rent from May 16, 2015 to April 15, 2017 is KRW 275,00 per month.

【In light of the facts without any dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 3 through 8, and the court’s commission of appraisal of the appraiser G of this case to determine the cause of claim as to the entire purport of the pleading, the defendant, the possessor of the instant real estate, is obligated to deliver the said real estate to the plaintiff, the owner, unless there are special circumstances.

The Plaintiff seeking a return of unjust enrichment equivalent to the rent from May 16, 2015 to the delivery date of the instant real estate, following the date on which the Plaintiff acquired the ownership of the instant real estate.

According to Article 197 of the Civil Code, the possessor is presumed to have occupied in good faith, peace, and public performance with his own will. The possessor in good faith shall be deemed to have been in bad faith from the time of the filing of the lawsuit when he lost in the lawsuit as to this case, and pursuant to Article 201(1) of the Civil Code, the possessor in good faith shall be deemed to have been in bad faith.