The instant lawsuit is dismissed.

Costs of lawsuit shall be borne by the defendant.

In a case where the subject matter of a claim is already realized for any reason in a lawsuit seeking the execution of ex officio determination as to the legitimacy of the instant lawsuit, and the subject matter of a claim is extinguished for any reason (see, e.g., Supreme Court Decision 2011Da11092, Oct. 13, 201). In light of the foregoing legal doctrine, the health class and the Plaintiffs sought the transfer of the instant building against the Defendant by the instant lawsuit, but the Plaintiffs were handed over the instant building from the Defendant on June 2, 2020, while the instant lawsuit was pending, as of the date of closing argument, the Plaintiffs had already been handed over on June 2, 2020. Therefore, it is reasonable to deem that the Plaintiffs had no legal interest in claiming the delivery of the instant building against the Defendant.

Therefore, the instant lawsuit is unlawful as it has no benefit of lawsuit.

In conclusion, the plaintiffs' lawsuit of this case is unlawful and dismissed. However, considering the background leading up to the filing of the lawsuit of this case and the delivery of the building of this case, the plaintiffs' filing of the lawsuit of this case constitutes an act necessary to protect their rights, and thus, it is decided as per Disposition by the defendant under Article 99 of the Civil Procedure Act.