Text
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. The judgment on the cause of the claim is that the Plaintiff completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) on August 29, 2014 due to sale and purchase on December 30, 2013. The Defendant, who occupied the instant real estate, may be recognized by taking account of the following: (a) there is no dispute between the parties concerned; (b) evidence No. 1; (c) evidence No. 2; and (d) evidence No. 5.
According to the above facts of recognition, the defendant is obligated to deliver the real estate of this case to the plaintiff, except in special circumstances.
2. The defendant's assertion and judgment
A. Summary of the Defendant’s assertion 1) The Defendant is Co., Ltd. (hereinafter “C”).
) Large-to-large Co., Ltd. (hereinafter “large-to-large”)
B) The interior interior interior interior interior interior interior interior interior works, material supply and construction works (hereinafter “instant construction”) among six parcels of land construction works, such as Gwangju City D.
As to the instant real estate, the instant real estate was paid in lieu of the construction price, and the Defendant completed the said construction work in lieu of the construction price. E sold the instant building to the Plaintiff and transferred its ownership. This constitutes an act of breach of trust, and the registration of transfer of ownership in the Plaintiff’s name is an invalidation of the cause for invalidation. 2) Even after completion of the instant construction work on January 25, 2014, the Defendant was unable to receive the construction price due to the Plaintiff’s possession of the instant real estate and exercised the lien to receive the construction price from February 19, 2014. Thus, the Plaintiff cannot accept the Plaintiff’s claim until the payment of the construction price is made.
B. The sales contract between the Plaintiff and E constitutes an act of breach of trust
It is recognized that the plaintiff actively participated in the act of breach of trust of E.