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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Defendant for a judgment of the first instance.
Reasons
1. The reasoning for the court’s explanation as to this case is that the part of “Article 1-2(b) judgment of the court of first instance” is identical to that of the Defendants in the reasoning of the judgment of the court of first instance, and thus, this part of the reasoning of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The part used for repair (the judgment of Article 1-2 (b));
B. According to the above facts, in the instant case where the Plaintiff requested the transfer of ownership against the Defendants occupying the pertinent building on behalf of the seller (owner) in order to preserve the seller’s right to claim the transfer of ownership, barring special circumstances, the Defendants are obligated to deliver the pertinent building to the Plaintiff, barring any special circumstance. 2) As such, the Defendants concluded a lease agreement with the seller (owner) and occupied the relevant building, and thus, they cannot comply with the Plaintiff’s request for transfer on behalf of the seller (owner), insofar as the said lease agreement has not been terminated.
According to each description of Eul evidence Nos. 1 through 3 (including each number, if any), as to the real estate listed in the separate sheet No. 1, there is a lease contract (No. 1; hereinafter referred to as the "Defendant Z lease contract") of November 15, 2007 with the seller as the lessee of the defendant Z as to the real estate listed in the separate sheet No. 1, and as to the first instance court's 47.59 square meters of the first floor among the real estate listed in the separate sheet No. 11, the seller (owner), as the lessor, the defendant N of the first instance court as the lessee, the defendant BA and AG as the lessee, and the third person as of August 30, 2007 and the third person as of August 13, 2008 (No. 2, No. 1 and 31 of the evidence No. 2, and each of the "Defendant B's lease contract," and the pertinent defendant 1, 2005.