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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3.
Reasons
1. Basic facts
A. On October 22, 2013, the Plaintiff entered into a sales contract with Nonparty D with respect to the said real estate (hereinafter “instant real estate”) and completed the registration of ownership transfer on the same day.
B. The Defendants occupied the instant real estate between husband and wife on October 1, 2013, and Defendant B completed the move-in report on October 2, 2013, and currently occupied the said real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-2 and 3, purport of the whole pleadings
2. Determination
A. Unless there are special circumstances, the Defendants are obliged to deliver the said real estate to the Plaintiff, the owner of the instant real estate.
B. As to the Defendants’ assertion (1), the Defendants participated in the housing construction of another canal wells to which the instant real estate belongs and granted a loan of KRW 650,000,000 to E, who performed the said other canal wells construction, made it available for land purchase funds.
In order to complete the 18 unit construction of the instant real estate, the Defendants asserted that the instant real estate was entitled to possess the instant real estate since D and E agreed to perform interior construction and purchase the instant real estate in the future by making interior interior interior interior interior interior interior interior interior interior and going through the purchase of the instant real estate, inasmuch as they occupied the instant real estate.
The Defendants’ assertion seems to have the right to possess the instant real estate before recovering the expenses for the ice container construction and the expenses for the interior works incurred in relation to the instant real estate.
A person who possesses an article or valuable instruments of another person shall have the right to possess such article or valuable instruments until the repayment thereof is made, where a claim arising in respect of such article or valuable instruments is due.