1. The Defendant (Counterclaim Plaintiff) delivered to the Plaintiff (Counterclaim Defendant) real estate indicated in the separate sheet.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 6, 2015, G association, a creditor of F, applied for a voluntary auction (hereinafter “instant auction procedure”) to the Seoul Central District Court, and completed the registration of ownership transfer as to the shares of each 1/2 shares on October 7, 2016, after obtaining a decision to permit sale in the instant auction procedure and making a voluntary decision to commence auction and making a entry registration on the real estate listed in the separate sheet owned by F (hereinafter “instant real estate”).

B. On November 24, 2016, the Plaintiffs received an order for delivery of each real estate from the J that reported to the lien holder on January 30, 2017 against the first owner as to the instant real estate as the lessee on November 24, 2016, and attempted to execute delivery on or around September 7, 2017, but the receipt of the Defendant C (hereinafter “Defendant Company”) and the real estate sub-lease contract were discovered at the time of enforcement, thereby making it impossible to execute delivery.

C. While Defendant Company asserted that the lessee of the instant real estate and Defendant E were sub-lessees who sub-subleted the instant real estate from Defendant Company, the Plaintiffs filed an application against the Defendants for a provisional disposal of real estate under this Court No. 2018Kahap20853, the Plaintiffs completed the execution of surrender-do by obtaining a decision of acceptance on August 7, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap’s entries in Gap’s 1 through 4, 9 through 11, 17, and 18, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the principal claim, the Defendants are obligated to deliver the instant real estate to the Plaintiffs, the owner of the instant real estate, unless there are special circumstances.

B. On October 21, 2014, Defendant Company 1’s assertion of the Defendants’ lien existence and counterclaim claim was leased the instant real estate from F on October 21, 2014, and Defendant E was among the instant real estate from Defendant Company on February 10, 2015.