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1. The Defendants deliver to the non-party Korea Land and Housing Corporation the real estate stated in the attached Form.
2. The costs of lawsuit shall be.
Reasons
1. Facts of recognition;
A. On April 4, 2012, Nonparty C leased, as of May 31, 2014, real estate (hereinafter “instant real estate”) owned by Nonparty Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) as the lease deposit amount of KRW 53.5 million, monthly rent of KRW 580,000,000, and the expiration date of the lease term.
B. On May 7, 2012, C transferred to the Plaintiff the right to refund the lease deposit on the instant real estate to Nonparty Corporation, and received a loan from the Plaintiff as security.
C. As the Plaintiff was unable to receive the repayment of the loan from C, the Plaintiff sought delivery of the instant real estate by subrogation of Nonparty Corporation and return of the said lease deposit to Nonparty Corporation, on November 11, 2014, the court rendered a judgment that “C shall deliver the instant real estate to Nonparty Corporation” and the said judgment became final and conclusive as it is.
(A) The Plaintiff and the Nonparty Corporation decided to recommend settlement that “the Plaintiff shall pay the Plaintiff the remainder of the money calculated by deducting all claims, such as rent, etc. that the Nonparty Corporation has against C at the same time with the delivery of the instant real estate from KRW 53,500,000,000,000 to the date of delivery of the said real estate).
On December 30, 2014, the Plaintiff tried to execute the provisional disposition on the part of Nonparty Corporation on behalf of Nonparty Corporation according to the above judgment, but the Defendants failed to execute the provisional disposition on the possession of the instant real estate. Thereafter, upon receiving the provisional disposition prohibiting the transfer of real estate by the court 2015Kadan327, the Plaintiff issued the provisional disposition on February 4, 2015. The Defendants possessed the instant real estate as of the date of the closing of argument.
[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 3, 5, and 7 (including virtual numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendants have a legitimate title to possess the real estate of this case.