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1. The defendant against the plaintiff A and B:
(a) deliver the real estate listed in the separate sheet;
(b) 10,038,397 Won and its corresponding;
Reasons
1. Facts of recognition;
A. On April 2005, the Defendant entered into a contract with the owner E and 11 others, and entered into a contract for the construction of a new apartment building with 12 households on the land outside Seocho-gu Seoul, Seocho-gu, Seoul and three lots of land.
B. Around July 2006, the Defendant completed a new construction work of the said apartment building, and among them, the registration of ownership transfer was completed on July 28, 2006 in the name of H, one of co-owners, and the registration of ownership transfer was completed on August 13, 2008 in the name of I on July 28, 2006.
C. Meanwhile, on June 1, 2010, J made a move-in report to the instant G on June 1, 2010 and resided around that time. On January 3, 2012, K, L L, the spouse of J, M, and N, the spouse of J, and N, the child of J, filed the move-in report to the said G, in sequence, and resided with J. D.
On August 12, 2011, the auction procedure was initiated with the Seoul Central District CourtO on August 12, 2011 regarding the instant G, and the Defendant reported the lien with the claim for the construction cost of KRW 1.7 billion at the above auction court as the secured claim.
Accordingly, P Co., Ltd, the creditor of the above auction procedure, filed a lawsuit against the Defendant to confirm existence of lien (Seoul Central District Court 2013Gahap11886, Seoul High Court 2013Na2030262), and the judgment was finalized in favor of the Defendant, and the above auction procedure was withdrawn thereafter.
E. On December 23, 2014, with respect to the instant subparagraph G, the voluntary auction procedure (hereinafter “instant auction procedure”) was re-established to Qu with the Seoul Central District Court. On November 27, 2015, the Defendant reported a lien on the instant auction court’s claim for construction cost of KRW 1,391,341,164, and damages for delay as the secured claim.
F. On January 12, 2015, in the instant auction procedure, the enforcement officer who investigated the present state of the G of this case and the possession relation, had an interview with his wife on January 12, 2015, submitted an investigation document stating that the lessee J’s family is living.
G. The Plaintiffs, May 16, 2016, are the instant case.