1. The Plaintiff:

A. Defendant B delivers the first floor of the building listed in the attached list;

B. The defendant C shall list the annexed list.

1. Basic facts

A. On August 6, 2012, the Plaintiff completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “instant land and building”) based on voluntary auction.

B. Defendant B is the former owner of the instant land and building, and currently resides on the first floor of the instant building, and Defendant C, Defendant B’s children, currently reside on the second floor of the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendants who possess the building of this case, barring special circumstances, have the duty to deliver each occupied part of the building of this case to the plaintiff who is the owner.

B. The Plaintiff also sought a delivery of the instant land against Defendant B, but it cannot exist in light of social norms, so the land which became the site of the instant building shall be deemed to be possessed by the owner of the instant building even if the owner of the instant building does not actually occupy the building or its site. Barring special circumstances, a person who is not the owner of the building but actually occupies the relevant building cannot be deemed the person who occupies the building’s site (see Supreme Court Decision 2006Da39157, Jul. 10, 2008). Thus, Defendant B, a possessor of the instant building, cannot be deemed the possessor of the instant land.

Therefore, the plaintiff's claim for this part is without merit.

3. Judgment on the defendants' assertion

A. The Defendants provided the instant land and buildings as collateral for Defendant B’s business funds. At the request of the Plaintiff, D awarded the instant land and buildings under the Plaintiff’s name, and agreed to bear the loans and the remainder necessary for winning the bid. Thus, the Defendants agreed to bear the costs of the instant building.