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

Accordingly, D Co., Ltd. carried out human test construction on the real estate of the above 16 generation and paid management expenses.

Nevertheless, C did not perform its obligation under the sales agency service contract to D Co., Ltd., and D, a corporation, based on the above claim (hereinafter “instant claim”), exercised its right of retention.

D On May 29, 2017, the Plaintiff transferred the instant claim, etc. to the Plaintiff in KRW 500 million (including any lien thereafter), and accordingly, the Plaintiff was transferred the possession of the said 16 generation’s real estate from D.

From around that time, the Plaintiff has been exercising the right of retention by means of occupation in the liver generation real estate by residing in E, F, G, etc.

Meanwhile, on June 9, 2017, the Defendant completed the registration of ownership transfer on the instant real estate based on sale.

Although the Plaintiff exercised the right of retention on the instant real estate, the Defendant infringed on the instant real estate on January 12, 2019, and embling F, a direct possessor, thereby deprived the Plaintiff’s possession on the instant real estate.

The defendant currently occupies the real estate of this case.

Therefore, the Defendant shall return the instant real estate to the Plaintiff pursuant to Article 204(1) of the Civil Act.

2. Determination and conclusion, Article 204(1) of the Civil Act provides that “If the possessor has been deprived of possession, he/she may claim the return of the article and the compensation for damages.”

Therefore, a person who files a lawsuit for the recovery of possession shall be the fact that the plaintiff occupied the object, and the defendant.