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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The fact that the registration of ownership transfer has been completed in the name of D on November 29, 201 due to the commission of the registration of compulsory auction for real estate (hereinafter “instant house”) with respect to the real estate stated in the attached list of judgment on the cause of the claim (hereinafter “instant house”), and that the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on August 8, 2012 on the ground of sale as of August 6, 2012 (hereinafter “the instant sale”). The fact that the Defendants currently occupy the instant house does not conflict between the parties, or can be recognized by taking into account the overall purport of the pleadings in the attached list No. 1. Thus, the Defendants are obligated to deliver the instant house to the Plaintiff, the owner of the instant house, barring any special circumstances.
2. Judgment on the defendants' assertion
A. The Defendants ordered D to E the instant new housing construction project, but they concluded a sales contract with regard to the instant housing in lieu of construction cost while entering into a contract with E the Defendants for the construction of the instant housing construction project. The Defendants asserted that D is a legitimate possessor. However, even if the Defendants’ assertion was in fact, the Defendants’ right to claim for the registration of ownership transfer of the instant housing in relation to D pursuant to the said sales contract is merely a claim against D and thus cannot be asserted against the Plaintiff who acquired ownership of the instant housing. Therefore, the Defendants’ assertion is without merit.
B. The Defendants asserted to the effect that the transfer registration of ownership in this case constitutes double selling contrary to the public order and good morals, and thus, constitutes an invalid trade, or that it is null and void as it was completed in accordance with a title trust agreement. As such, it is a number numbered by the evidence Nos. 7 through 10.