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1. The Defendants deliver to the Plaintiffs the real estate stated in the separate sheet.
2. The costs of lawsuit are assessed against the Defendants.
Reasons
1. Facts of recognition;
A. E entered into a sales contract with F on April 2, 2002, on the real estate listed in the separate sheet (hereinafter “instant real estate”; at the time, the instant real estate was the second floor and the third floor were not nonexistent) and completed the registration of ownership transfer on the instant real estate on April 30, 202.
B. On June 2002, after completing the registration of transfer of ownership with respect to the instant real estate, E with visual disability E had Defendant C extend the three floors among the instant real estate, and had Defendant C live free of charge on condition that H raises the Defendants.
C. On May 25, 2015, the Plaintiffs entered into a sales contract with E and the instant real estate as KRW 345,00,000, with respect to the purchase price, and completed the registration of transfer on September 11, 2015 as to each portion of the instant real estate.
[Ground of recognition] Evidence No. 1, Evidence Nos. 2-1, 2-2, and 3, witness E's testimony, the purport of the whole pleadings
2. According to the above facts of recognition, the defendants have a duty to deliver the instant real estate to the plaintiffs who exercise the right to claim exclusion of disturbance as the owner of the instant real estate.
Accordingly, the Defendants asserted that the Defendants cannot comply with the Plaintiffs’ claims since they acquired the above three-storys of the instant real estate in their own cost and effort. However, it is not sufficient to recognize the Defendants’ above assertion, and there is no other evidence to acknowledge it. Thus, the Defendants’ assertion is without merit.
Next, the Defendants asserted to the effect that, around around 2005, the deposit for the third floor among E and the instant real estate was concluded under a lease agreement of KRW 50,000,000, and thus, the said deposit cannot be transferred to the third floor of the instant real estate until the said deposit is paid. However, there is no evidence to acknowledge that a lease agreement was concluded as alleged.