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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3.
Reasons
1. Following the facts of recognition are: (a) between the Plaintiff and the Defendant is so-called “Defendant Corporation” (hereinafter “Defendant Corporation”) pursuant to Article 150 of the Civil Procedure Act; (b) there is no dispute between the Plaintiff and the Defendant; or (c) the entire purport of the pleadings in each of the statements in subparagraphs A and A (including the serial number).
Facts to be stated in this part shall be as stated in the attached Form.
B. Meanwhile, Article 8(1)3 of the instant loan agreement provides that the Defendant corporation shall not be able to sublease or dispose of the right to real estate listed in the separate sheet without the Plaintiff’s approval.
2. Defendant A’s defense prior to the merits of this case must be claimed against the Plaintiff against the operating staff who operates the real estate indicated in the attached list of the Defendant Corporation or the attached list. Thus, the lawsuit of this case is unlawful. However, in the lawsuit of performance, the standing to be a party is against a person who asserts himself/herself the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not (see Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). The lawsuit of this case has the standing to be a defendant, and therefore, Defendant A’s defense of this case has no merit.
3. According to the above facts finding as to the Plaintiff’s claim, insofar as there is no evidence of assertion as to the lawful title that the Defendants may possess and use the real estate listed in the separate sheet, the Defendant corporation as a party to the instant loan agreement expired, and Defendant A was directly occupant who illegally occupied the real estate listed in the separate sheet without the Plaintiff’s consent, and thus, the Defendants are obligated to deliver the real estate listed in the separate sheet to the Plaintiff
On the other hand, Defendant A did not occupy and use at present the real estate listed in the attached list.