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1. Of the judgment of the first instance, the part against the Defendants in the judgment is modified as follows.
The Defendants are the Plaintiff (Appointed Party) and the Plaintiff.
Reasons
1. Basic facts
A. As to the real estate listed in Attachment 2 (hereinafter “instant real estate”), November 16, 2016 (hereinafter “the instant real estate”), the appointed Party A acquired each ownership in proportion to the shares of 500/1,617, the Plaintiff (Appointed Party) as the shares of 561/1,617, as the shares of 540/1,617. The appointed Party C acquired each ownership as the shares of 540/1,617.
(hereinafter referred to as the "Plaintiff, etc." in combination with the plaintiff (appointed party) and the designated parties
Plaintiff
After receiving the Seoul Central District Court 2017Kadan809745, K, L, and M as the debtor, the debtor of the instant real estate, the execution of the provisional disposition was impossible on August 8, 2017 on the ground that “The instant real estate is occupied by Defendant D Co., Ltd.,” the execution of the provisional disposition was impossible on the ground that “The instant real estate is occupied by Defendant D Co., Ltd.”.
C. On August 14, 2017, Defendant H expressed to the effect that “The instant real estate was leased and used from M Co., Ltd.” was in currency with the designated parties C.
Plaintiff
After receiving the Seoul Central District Court Decision 2017Kadan810971, Defendant G et al. as the debtor with respect to the instant real estate, the provisional injunction was executed on September 12, 2017 through the enforcement officer, while the employees of Defendant G et al. participated.
[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 3, 5, 8, and 11, and the purport of the whole pleadings
2. According to the above facts of recognition, it is reasonable to deem that the Defendants possessed the instant real estate, and the co-owner may demand the person possessing the jointly owned property to deliver the jointly owned property as an act of preservation of the jointly owned property. Thus, the Defendants are obligated to deliver the instant real estate to the Plaintiff, etc. upon the request of the Plaintiff, etc. sharing the instant real estate
(2) The plaintiff et al. shall accept the defendants' assertion that the plaintiff et al. does not possess the real estate of this case. 3. Thus, the plaintiff et al.'s claim of this case against the defendants shall be accepted.