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1. The Plaintiff, Defendant B, and Defendant C, respectively, shall provide the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 2.
Reasons
1. Determination on the cause of the claim
A. (1) The Plaintiff is the owner of each real estate listed in the separate sheet. Defendant B is the owner of each real estate listed in the separate sheet, and Defendant C occupies each real estate listed in the separate sheet No. 1 (hereinafter “one real estate”); and Defendant C occupies each real estate listed in the separate sheet No. 2 (hereinafter “2 real estate”).
(2) Defendant B registered the business for each pension business with the trade name of “D” with the real estate as the place of business, and Defendant C registered the business for each pension business with the trade name of “E” with the real estate as the place of business.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3 evidence, Eul evidence 1, 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
B. According to the above facts of recognition, the defendants are obligated to deliver each real estate possessed by them to the plaintiff, the owner, unless there are special circumstances.
2. Judgment on the defendants' assertion
A. The summary of the claim for lease and free use contract (1) and the Plaintiff and Defendant B decided to operate and live together with the pents in each of the instant real estate, and decided to register the pents in the name of Defendant C, which is Defendant B and Defendant B’s son.
For the above joint operation, the Plaintiff concluded each lease agreement with Defendant C on the real estate with Defendant C, and allowed the Defendants to use each of the instant real estate free of charge.
Therefore, the Defendants are entitled to possess each of the instant real estate according to a lease contract or a free use contract.
(2) Comprehensively taking account of the evidence evidence Nos. 4, 5, 7 through 10, Eul evidence No. 3, and the overall purport of the pleadings, the lease contract between the Plaintiff and the Defendant B regarding one real estate is one hundred million won, the lease contract between June 30, 2017 and June 29, 2019, the lease deposit amount of one hundred million won for two real estate between the Plaintiff and the Defendant C, and the lease contract between September 30, 2017 to September 29, 2019.