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1. Revocation of a judgment of the first instance;
2. The defendant shall provide the plaintiff A with the real estate listed in the attached Table 1, and the plaintiff corporation.
Reasons
1. According to the purport of Gap evidence No. 1-1 and No. 2 of the judgment as to the cause of the claim, Eul completed the registration of ownership preservation on each of the real estate listed in the separate sheet (hereinafter "each of the real estate of this case") on September 12, 2013. The Namyang Livestock Cooperatives, the mortgagee of each of the real estate of this case, filed an application for voluntary auction on each of the real estate of this case with the Jung-gu District Court D. In the above voluntary auction procedure, the plaintiff Choyang Construction Co., Ltd. purchased each of the real estate of this case on September 26, 2014 and completed the registration of ownership transfer on May 27, 2015, and completed the registration of ownership transfer on the ground of sale on the real estate listed in the separate sheet No. 1, and the defendant is recognized to possess each of the real estate of this case, and the defendant is currently obligated to deliver each of the real estate to the plaintiff Eul who exercises the right to claim delivery by ownership, as stated in the separate sheet No. 1).
2. The defendant's assertion and judgment
A. The defendant alleged that C filed a lawsuit against C to confirm the existence of the right of retention on each of the instant real estate, and the judgment was finalized. Since the plaintiffs who acquired each of the instant real estate after the judgment became final and conclusive have res judicata effect on the above judgment, the defendant asserts that C has the right to attract the instant real estate.
In this regard, the plaintiff asserts that there is no right of retention of the defendant because the defendant's claim for construction cost of each of the real estate in this case against C does not exist.
B. According to the reasoning of the evidence Nos. 1 and 2, the Defendant filed a lawsuit against C to verify the existence of a lien on each of the instant real estate by the District Court 2014Gahap90, and received a favorable judgment on April 23, 2014 (hereinafter “instant judgment”), and thereafter, rendered a favorable judgment on April 23, 2014.