1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On July 12, 2005, D purchased real estate listed in the separate sheet (hereinafter “instant building”) in the E’s name, his/her ownership registration title F.

Accordingly, on October 14, 2005, the registration of transfer of ownership in F in the name of F with respect to the instant building was completed.

B. Upon the commencement of the voluntary auction procedure (Seoul Central District Court M&N) on the instant building on September 2, 2009 and September 21, 2009 due to D’s failure to repay the debts such as the collateral security debt on the instant building, D transferred the ownership of the instant building if D repaid the above collateral security debt on behalf of D on behalf of D to the Plaintiff, and later transferred the ownership of the instant building if D repaid the money that D repaid to the Plaintiff in lieu of D.

C. The Plaintiff accepted the proposal as above and subrogated for the above collateral security obligations and delinquent taxes, etc., and based on the sales contract concluded on April 13, 2010 between the Plaintiff and F, the registration of ownership transfer was completed in the name of the Plaintiff as to the instant building on April 22, 2010.

The defendants are residing in the building of this case.

[Ground of recognition] Facts without dispute, Gap's evidence 1, 5, 6, 9, 16, 19, Eul's evidence 1, 2, 6, 9, 11, 12 (including paper numbers), testimony by the witness of the first instance court and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver the instant building to the Plaintiff, except in extenuating circumstances.

3. Judgment on the defendants' assertion

A. The Defendants asserted that Defendant B was the actual owner of the instant building and the instant building entered into a lease agreement with Defendant B as to KRW 2.1 million (hereinafter “instant lease agreement”), and the Plaintiff agreed to succeed to the lease agreement upon being aware of the fact that the instant lease agreement was concluded. As Defendant B was a lessee with opposing power, the said lease deposit is paid prior to being paid.