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

3...

A. On November 29, 2013, the Plaintiff: (a) sold real estate (hereinafter “instant real estate”) listed in the separate sheet at the Chuncheon District Court A real estate auction procedure (an consolidation with the same court B; hereinafter “instant auction procedure”) and paid the proceeds of sale and completed the registration of ownership transfer.

B. At the instant auction procedure, the registration of the entry of the decision on commencing auction was completed on January 16, 2013 regarding the instant real estate.

(hereinafter referred to as "the entry of the decision on commencing the auction of this case") C.

The Plaintiff is occupying the instant real estate by asserting a lien from around September 12, 2013.

[Ground for Recognition: Unsatisfy, Gap evidence 1-11 (including branch numbers, if any); hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the instant real estate to the plaintiff seeking the exclusion of disturbance as the owner of the instant real estate, unless there are special circumstances.

B. (i) The Defendant’s assertion regarding the right of retention defense (i.e., the Defendant has a claim for construction cost as to the instant real estate interior works against C, etc., the former owner of the instant real estate, and has a right of retention as to the instant real estate based on the said claim, and thus, the Defendant has the right to refuse to deliver the instant real estate before repayment

⑵ 판단 ㈎ 채무자 소유의 부동산에 경매개시결정의 기입등기가 경료되어 압류의 효력이 발생한 이후에 채무자가 위 부동산에 관한 공사대금 채권자에게 그 점유를 이전함으로써 그로 하여금 유치권을 취득하게 한 경우, 그와 같은 점유의 이전은 목적물의 교환가치를 감소시킬 우려가 있는 처분행위에 해당하여 압류의 처분금지효에 저촉되므로, 점유자로서는 위 유치권을 내세워 그 부동산에 관한 경매절차의 매수인에게...