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

A. On November 2, 2017, the Defendant awarded a contract to C for the new construction of the instant building, and C subcontracted the tin construction among the new construction works of the instant building to the Plaintiff as follows.

(1) The cost of construction: KRW 120 million; ② The advance payment shall be KRW 30 million; KRW 20 million for the first time, KRW 20 million for the second time, KRW 40 million for the second time, and KRW 30 million for the second time, within two months after the completion of the construction, respectively.

B. On April 20, 2018, the Plaintiff: (a) did not pay KRW 15 million out of the second progress payment of construction materials; (b) suspended construction works; and (c) attached to the entrance of the site, “The Party shall temporarily suspend construction works due to the failure to pay construction expenses, as a tin construction company at the said site, and is in possession of the materials.” (c) attached a public notice stating that “When the materials preserved at the site are arbitrarily damaged, it shall take civil or criminal measures; and (d) sent a letter verifying the content of the use of the lien to the Defendant and C, accompanied by a photograph putting materials at the site.”

C. At the time of the Plaintiff’s visit on May 10, 2018, the construction was under way after the removal of the above notice.

On July 25, 2018, the instant building was approved for use on July 25, 2018, and the Defendant issued C a certificate of acceptance to the effect that it acquired the instant building on the same day.

[Reasons for Recognition] Gap evidence Nos. 1 through 6 (including paper numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. Until May 10, 2018, the Plaintiff asserted that the instant building was occupied by employees frequently visiting the instant building by piling up stone and attaching a public notice thereof on the instant building. However, as the Defendant was deprived of possession, the Plaintiff sought delivery of the instant building to the Defendant.

(b) The possession of the object is considered to be a factual control of that person by social norms.