1. The appeal against the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are all dismissed.

2. To the principal office.

1. The summary of the case and the facts premised on the case

A. The summary of the instant case is the case where the Plaintiff et al., the co-owners of the building listed in the attached list of real estate (hereinafter “instant building”) sought compensation for damages (263,692,800 won) incurred by the delivery of the instant building and illegal possession of the instant building by asserting that there was no agreement by the Plaintiff et al. on the transfer of the right to lease against H through compulsory execution based on the judgment of winning the judgment of winning the declaration of provisional execution against H, which was the lessee of the instant building.

The judgment of the court of first instance accepted the Plaintiff’s claim for delivery of the building and partial claim for damages (238,224,757 won to the Plaintiff, and 8,860,726 won to the Appointor C, and 3,037,902 won to the Appointor D and E respectively), and filed an appeal against the part against the Defendant’s loss.

The defendant filed a counterclaim against the plaintiff for non-performance or tort damages (1,808,064,517 won) and damages for delay by asserting that the plaintiff primarily violated the duty to allow the plaintiff to use or benefit from the leased object as a lessor, and that the plaintiff did not perform his/her duty to guarantee the tenant status and the consent to the transfer of lease in accordance with his/her own undertaking, and that the defendant did not perform his/her duty to guarantee the tenant status. The second preliminaryly, the defendant filed a counterclaim against the plaintiff, claiming that he/she committed a tort against the defendant's legitimate expectation and trust as to the transfer of the right of lease and that he/she did not perform his/her duty to compensate

B. The plaintiff et al. co-ownership of the building of this case by the plaintiff et al., who had no dispute, Gap 1, 2, Gap 8 through 11, Eul 10, and Eul 17 (including each number), the purport of the whole pleadings, and the purport of the whole pleadings. The plaintiff et al. of this case is the co-owner of the building of this case by the plaintiff et al. of Seoul Special-gu's 3rd underground and the 5th above ground, including the building of this case.