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1. The Plaintiff (Appointed Party) A and the Appointed G:
A. Defendant C and D shall draw up a separate sheet among the real estate listed in the separate sheet No. 1.
Reasons
Facts of recognition
A. The Plaintiff (Appointed Party) and the Appointed G (hereinafter collectively referred to as the “Plaintiff”) received a decision of permission for sale in the procedure for compulsory auction [the Government District Court I and J(Dual)] on the building listed in the separate sheet (hereinafter referred to as the “instant housing”) and paid in full the sale price on May 24, 2016.
B. Meanwhile, Defendant C and D had completed a move-in report on December 8, 2015 and January 27, 2016 with respect to the portion (A) part of 72.95 square meters in the ship (hereinafter “instant house K”) connected each point among the instant buildings in sequence with the marks indicated in the attached drawings among the instant buildings (hereinafter “instant building”). Defendant C and D have occupied and used the instant building after completing a move-in report on December 8, 2015, and owned and used it. Defendant E had completed the move-in report on May 19, 2005 with respect to the portion (B) part of 7,7,8,13, 14, 15, 16, and 6 connected each point in sequence among the real estate listed in the attached list, and Defendant E had completed the move-in report on May 19, 2005 and completed the move-in report on the possession and use of the instant housing (hereinafter “the instant housing L”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 7; appraiser H’s appraisal result; the parties’ assertion of the purport of the whole pleadings
A. The Plaintiff asserts that the Defendants are obligated to deliver the instant building to the Plaintiff, a co-owner of the instant housing, and to return unjust enrichment from each possession and use of the instant building.
B. The Defendants asserted to the effect that the Plaintiff’s claim is groundless, since they were entitled to possess as a lessee with the opposing power after renting each of the corresponding units of the instant housing and completing resident registration. Accordingly, the Plaintiff is merely the most lessee. Moreover, Defendant C and D issued a decision to commence compulsory auction on September 7, 2015 regarding the instant building, and then the auction procedure is in progress.