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1. The Defendants are attached Form 2 of the [Attachment 2] List among the real estate indicated in [Attachment 1] to the Plaintiff.
Reasons
1. In addition to the purport of the entire pleadings as to the cause of the claim Gap evidence Nos. 1-1 to 13, it is recognized that the plaintiff purchased each real estate indicated in the “holding Status Table” column (hereinafter “each real estate of this case”) in attached Table 2 among the real estate indicated in attached Table 1, and completed the registration of ownership transfer around August 31, 2017. Each real estate of this case is currently possessed by the defendants as stated in the “Possession Status Table” column in attached Table 2.
Therefore, barring special circumstances, the Defendants, who possess each of the instant real estate, are obligated to deliver each of the instant real estate to the Plaintiff, the owner of the instant real estate.
2. Judgment on the defendants' assertion
A. Defendant F and J asserted that, inasmuch as Defendant F and J concluded a lease agreement on each of the instant real estate N and H with M Co., Ltd., the former owner of each of the instant real estate, the lease agreement on the said real estate N and H, and that the relevant part was occupied by the lessee, who has met the requisite to set up against the Plaintiff’s request for extradition of real estate, the said part may be set up against
Therefore, prior to the Plaintiff’s acquisition of ownership of the above NN andO, Defendant F and J may lease the above NN andO from a person with legitimate lease authority, and if the Plaintiff satisfies the requirements for setting up against the lease agreement, it may oppose the Plaintiff’s request for extradition by using the opposing power of the lease. However, there is no evidence to acknowledge that Defendant F and J have satisfied the opposing power prior to the Plaintiff’s acquisition of the Plaintiff’s ownership ( Defendant F submitted the evidence No. 6-1 of the lease agreement, but the fixed date stated in the relevant lease agreement was November 20, 2018, and the Plaintiff acquired the ownership of each of the instant real estate), Defendant F and J’s aforementioned assertion cannot be accepted.
B. Defendant C’s assertion on the assertion by Defendant C is the preceding part of each of the instant real estate.