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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Basic facts
A. On June 15, 2011, the Plaintiff completed the registration of transfer of ownership on June 12, 201, with respect to the buildings indicated in the attached Table 5,286 square meters (hereinafter “instant land”) and 426 square meters (hereinafter “instant housing”) owned by the Defendant in Pyeongtaek-gun, Suwon-gun, Seowon-gun, the Defendant, as to the building based on sale on June 12, 201, respectively.
B. The defendant resides in the house of this case until now, and occupies and uses it.
[Reasons for Recognition] Unsatisfy, Gap evidence 3, Eul evidence 1 and 4 (including paper numbers), the purport of the whole pleadings
2. Summary of the parties' arguments;
A. On June 12, 2011, the Plaintiff purchased both the instant land and the instant housing from the Defendant, and entered into a loan agreement with the Defendant to use the instant housing free of charge, and upon request of the Plaintiff, to immediately return it.
The Plaintiff requested the Defendant to deliver the instant house several times prior to the filing of the instant lawsuit, and notified the Defendant of the termination of the loan agreement for use on the instant house and sought the delivery of the said house.
B. The Defendant only sold the instant land to the Plaintiff, but did not sell the instant housing.
Since the owner of the instant house still is the defendant, it cannot respond to the Plaintiff’s claim of this case.
3. Determination
A. In full view of the following facts and circumstances, it is reasonable to view that the Plaintiff and the Defendant purchased not only the instant land but also the instant housing on June 15, 201, by comprehensively taking into account the following facts and circumstances that can be recognized by the purport of the appraiser E’s unmanned appraisal results and the entire pleadings, as a result of the reply of each tax information submission order to the head of Gangnam District Tax Office and the head of Gangnam District Tax Office:
① On June 12, 2011, the Plaintiff and the Defendant sold the instant land and housing at KRW 604,80,000,000, and KRW 30,000,00 for the sales price of the instant land and housing, and KRW 30,00,00 for the instant housing.