1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Facts of recognition

A. The real estate stated in the separate sheet (hereinafter “instant building”) and its site (hereinafter “instant building and its site”) were owned by C.

B. Following the death of May 6, 1993 by C, the registration of ownership transfer was completed on July 27, 1993 by D, E, F, G, and the Defendant, co-inheritors, for each of the instant real estates, based on inheritance of shares on July 27, 1993.

C. Since then, the registration of ownership transfer was completed on December 13, 1995 with respect to the co-ownership shares in the name of E, F, G, and Defendant among the instant real estate. D, in the future, on December 12, 1995, due to sale and purchase as of December 12, 1995.

Since December 9, 2015, D died on December 9, 2015, and on January 15, 2016, the registration of transfer of ownership was completed on the ground of inheritance due to a consultation and division between the Plaintiff and the Plaintiff.

E. As of the date of closing argument of the instant case, the Defendant occupied and used the instant building.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1-2, Eul evidence Nos. 1-2, and Eul evidence Nos. 1-2 and 1-2, and the facts of the above recognition as to the grounds for the determination of the purport of the whole pleadings, since Eul completed the registration of ownership transfer as to the real estate of this case, it is presumed that Eul acquired ownership by legitimate procedures and causes (see Supreme Court Decision 2010Da21702, Jul. 22, 2010). Furthermore, since the plaintiff completed the registration of ownership transfer by agreement and division as to the real estate of this case as a result of the death of D, it is presumed that the plaintiff is a legitimate owner.

However, as the Defendant occupied and used the instant building, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstances.

The defendant asserts that the registration of transfer of ownership in D, which was completed on December 13, 1995, of the building of this case, is based on the false declaration of conspiracy and thus is the registration of invalidity of cause.