2. The costs of the lawsuit are assessed against the defendant.

3...

A. The plaintiff is the project implementer of the B development project.

On August 17, 2015, the Chungcheongnam-do Regional Land Tribunal rendered a ruling of acceptance that the Plaintiff expropriates real estate, including buildings listed in the separate sheet (hereinafter referred to as “instant building”) for the implementation of the said project, and compensates for losses shall be KRW 2,864,807,350, and the starting date of the expropriation shall be October 1, 2015.

B. On September 23, 2015, the Plaintiff deposited KRW 120,000,000 for expropriation compensation on the ground that the seizure, etc. of the instant building is concurrent, and on October 6, 2015, the Plaintiff deposited the instant building.

The registration of ownership transfer based on the expropriation stated in the paragraph has been completed.

C. The Defendant received a lump sum subcontract for the construction of the instant building, including the instant building, from a good environment construction corporation, and currently occupies the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5, Gap evidence 6, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant, the possessor of the building of this case, is obligated to deliver the building of this case to the plaintiff, the owner of the building of this case, unless there are special circumstances.

B. The defendant's defense asserts that since the defendant occupies the building of this case as the exercise of lien in order to secure the claim for construction cost as to the building of this case, the plaintiff's claim cannot be complied with.

The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall acquire the ownership of land or goods on the date of commencing the expropriation, and other rights to such land or goods shall be extinguished simultaneously (Article 45 (1)), landowners and persons concerned, and other persons who are not included in landowners or persons concerned, and persons having the right to the land to be expropriated or used or persons holding the right to goods on such land, by the date of commencing the expropriation or use.