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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On July 29, 2016, the Plaintiffs paid the sales price in full and acquired ownership in the compulsory auction procedure (such as the House Government District Court E, etc.) regarding real estate listed in the separate sheet (hereinafter “instant real estate”).
B. Defendant C asserts that there exists a right of lease, lease on a deposit basis, or a right of retention, and held the instant real estate. Defendant D asserts that there exists a right of lease on approximately five square meters (hereinafter “the right of lease”) among the real estate listed in the attached Table No. 2, among the real estate listed in the attached Table No. 2, Defendant C occupies the instant real estate with Defendant C, who is the husband.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to deliver the instant real estate to the Plaintiffs, except in extenuating circumstances.
3. Determination as to the defendants' defenses, etc.
가. 당사자들의 주장 (1) 피고들의 항변 ㈎ 피고들은 이 사건 부동산의 전 소유자인 F과 사이에 각 임대차계약을 체결하고 주민등록 전입신고를 한 뒤 임대차계약서에 확정일자를 받았다.
Therefore, since the defendants possess the real estate of this case on the basis of each right of lease with opposing power, they cannot comply with the plaintiffs' request for extradition.
㈏ 피고 C은 위 임대차계약의 보증금반환채권을 담보하기 위하여 별지 목록 제2, 3항 기재 부동산에 전세권설정등기를 마쳤다.
Since Defendant C occupies the instant real estate even on the basis of chonsegwon, it is not possible to comply with the Plaintiffs’ request for extradition.
㈐ 피고 C은 별지 목록 제2, 3항 기재 건물의 증축 및 수리공사(이하 ‘이 사건 리모델링 공사’라고 한다)를 하였다.
Since Defendant C occupies the real estate of this case on the basis of the lien that provides the above right to claim reimbursement of beneficial costs as the secured claim, it is impossible to comply with the Plaintiffs’ request for extradition.
(2) The plaintiffs' assertion.