1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

1. The court's explanation concerning this case is the same as the statement of the judgment of the court of first instance except for the following parts written or added. As such, the court's explanation concerning this case shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

【The part to be cited or added 【The defendant and the designated parties” in Part 8 of the first instance judgment shall be added “A.” in front of the fifth instance judgment.

No. 17 of the fifth decision of the first instance court "the building of this case" shall be built into "the building of this case".

The following shall be added at the last place of the fifth decision of the first instance:

B. The Defendant and the designated parties, despite the Plaintiff’s duty to remove the instant building, sold it to the Dual Construction and actively participated in it. ① The Plaintiff’s act constitutes a breach of trust under the Criminal Act, and the Plaintiff and Dual Construction are obligated to compensate the Defendant for damages equivalent to the cited amount of the instant judgment as a joint tortfeasor. ② The sales contract between the Plaintiff and Dual Construction is null and void under Article 103 of the Civil Act as a juristic act of anti-social order, and thus, the enforcement force of the instant judgment should be maintained.

As seen above, the Defendant and the designated parties obtained a final and conclusive judgment against the Plaintiff to remove the instant building at the Seoul Central District Court (2012Gahap23981). However, it is difficult to view that the Plaintiff’s sale of the instant building to the national Dub Construction constitutes a crime of breach of trust, a joint tort, or a juristic act of anti-social order. Thus, the above assertion by the Defendant and the designated parties premised on this is without merit.

2. Accordingly, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is consistent with this conclusion, and the defendant's appeal is dismissed.