2. The costs of lawsuit shall be borne by the Plaintiff.

A. On March 21, 2017, Defendant B completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant cartel”) based on voluntary auction (D).

B. Since March 21, 2017, the date of the registration of ownership transfer, the Defendants acquired possession of the instant telecom and possessed it up to the present day.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. On March 30, 2015, the Plaintiff asserted that: (a) performed remodeling, etc. for the instant cartel, but did not receive the price; (b) occupied the instant cartel since around that time; (c) the Defendants occupied the instant cartel by avoiding the Plaintiff’s possession on April 8, 2017; and (d) accordingly, the Plaintiff is obligated to deliver the instant cartel as the recovery based on the right of possession to the Plaintiff.

B. (1) Article 204(1) of the Civil Act provides that “When the possessor has been deprived of possession, he/she may claim the return of the article and the compensation for damages.” The phrase “when the possessor has been deprived of possession” refers to the case where the possessor has deprived of factual control without his/her intention. The claim for the return of the article in possession stipulated in the above provision is sufficient to prove that the Plaintiff occupied the object but was deprived of it by the Defendant, and that the possession of the article in possession was based on the principal right, and there is no need to assert or prove that the possessor was deprived of possession.

(2) The Majority Opinion states that “The possession of an object” refers to an objective relationship that may be deemed to have a factual control over a person based on the concept of society, and that the possession of an object refers to an objective relationship that is deemed to have a factual control over a person. As such, the factual control in this context does not necessarily mean a mere physical and practical control over an object, but does not necessarily mean a time and spatial relationship with the object, the relationship between the object and its principal right, and the possibility of exclusion from the control of another person.