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1. The Defendants shall provide the Plaintiff A with the real estate listed in the attached Table 1, and the real estate listed in the attached Table 2 to the Plaintiff B, respectively.
Reasons
1. Evidence 【Evidence】 1-1, 2, and the purport of the whole pleadings;
A. On July 2, 2014, Plaintiff A acquired the ownership of the real estate listed in the attached Table 1, while Plaintiff B acquired the ownership of the real estate listed in the attached Table 2 on July 15, 2014, respectively.
B. The Defendants possess each real estate listed in the separate sheet (hereinafter “each of the instant real estate”)
2. The allegations by the parties and the judgment of this court
A. According to the above facts of recognition, the defendants are obligated to deliver each of the real estate of this case to the plaintiffs unless they have no title to possess each of the real estate of this case.
B. The Defendants’ assertion (1) The Defendants’ assertion (A) is entitled to retain each of the instant real estate until the payment of the construction cost of G, the former owner of each of the instant real estate, and the interior construction of each of the instant real estate, by setting the construction cost of KRW 220 million, and completing the construction work. However, while G did not receive the construction cost of KRW 220 million, the Defendants occupied each of the instant real estate.
(B) The Defendant C reported the right of retention in the process of a voluntary auction, and the attached construction contract period was indicated from January 5, 2012 to March 10, 2012, but the content of the construction contract and the right of retention are inconsistent with the construction contract and the right of retention, such as reporting the right of retention on December 12, 2013, which is one year and eight months after the date, and the receipt submitted by the Defendant C received KRW 220 million from the receipt submitted by the Defendant C. As such, it is inconsistent with the payment of the said construction contract and thus, the claim for the construction price asserted by the Defendants is a false claim.
(2) Comprehensively taking account of the respective descriptions of Gap 2-3, 4, 5, and 7 as well as the overall purport of the pleading in witness G’s testimony, G acquired each of the instant real estate as an auction on April 17, 2008 and operated "H" around 2009.