1. The Defendant’s agreement with the Plaintiffs on November 15, 2014 regarding each of the 1/2 shares in the attached real estate.

Facts of recognition

On June 22, 1978, the Defendant purchased D & D 43 square meters (hereinafter “instant land”) in Busan Dong-gu, Busan, and completed the registration of ownership transfer, and newly constructed a building not registered on that ground (38 square meters in the first floor, 27.2 square meters in the second floor, 3-story housing, 11.6 square meters in the first floor, 11.6 square meters in the first floor, 0.8 square meters in the boiler room, 2-story and 3.2 square meters in the second floor, and hereinafter “instant building”).

The National Agricultural Cooperative Federation set up a right to collateral security on August 24, 1994 and applied for a voluntary auction on February 2, 199. Accordingly, E was awarded a successful bid on December 23, 1999.

Since then F (the defendant's wife) and G (the defendant's wife) purchased 1/2 shares of the land of this case from E and completed the registration of ownership transfer on February 1, 200.

H, on January 12, 2010, established a right to collateral security with respect to F’s said 1/2 share, and applied for a voluntary auction on November 23, 2010. In this auction procedure, the Plaintiffs received a successful bid on June 15, 201, respectively.

Accordingly, G shares 1/2 and the plaintiffs shared 1/4 shares, respectively.

The Plaintiffs filed a lawsuit against the Defendant and F seeking removal of the instant building, and at the first instance court, dismissed the judgment (Supreme Court Decision 2011Na74563 Decided February 14, 2012), and extended the purport of the claim, such as the payment of rent, while filing an appeal. However, only some of the additional claims (part of the claim for the payment of rent against the Defendant) were cited in the appellate court, and the remaining appeals were all dismissed (Supreme Court Decision 2012Na5213 Decided January 11, 2013), which became final and conclusive as it is.

After that, the Plaintiffs filed a lawsuit against the Defendant for the removal of the instant building and the delivery of half of the instant land on the ground that the Defendant had not paid rent for two years, and the judgment for claimant in the first instance court (Seoul District Court Decision 2013Da56231, Sept. 5, 2013) was pronounced.