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1. The defendant shall deliver the building indicated in the attached list to the plaintiff succeeding intervenor.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Determination as to the claim of the Plaintiff’s succeeding intervenor
A. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 1, and Eul evidence No. 1, as to the real estate listed in the separate sheet (hereinafter "real estate of this case"), the registration of ownership transfer in the name of non-party Franchi Industry Co., Ltd. (hereinafter "Franchi Industry") on August 27, 1998, on March 23, 2006, the registration of ownership transfer in the plaintiff's name (the trust on March 22, 2006), on September 5, 2016, the registration of ownership transfer in the name of the plaintiff succeeding intervenor (the grounds for registration was traded on July 7, 2016), and at least from April 2014, the fact that the defendant occupied, used the real estate of this case, and was appointed as the administrator of the same building construction industry on September 16, 2016.
According to the above facts, the defendant, who is the administrator of the East Asia Construction Industry, is obligated to deliver the above real estate to the plaintiff succeeding intervenor, who is the owner of the real estate in this case, due to the performance of the duty of interference
B. The defendant's assertion on this issue is the judgment of the court below. Since the building industry lawfully leased the above real estate from the offline industry, the former owner of the pertinent real estate, and paid KRW 6,898,976,00 as the lease deposit, if the claim arising from commercial activities between merchants under Articles 58 and 58 of the Commercial Act is due, the creditor can retain the goods or securities owned by the debtor due to commercial activities with the debtor until the repayment is made.
However, unless otherwise agreed by the parties, this provision shall not apply.
Pursuant to this, this case's real estate has the right to attract until the above lease deposit is paid.
The entry of heading 2 to 6 shall be made in each entry of heading 2 to 6.