A. On May 1, 2014, the Plaintiff concluded a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on May 1, 2014, for the construction of a third-class building of the second-class neighborhood living facilities on the land E in Seongbuk-gu, Seongbuk-si (hereinafter “instant construction”) on May 6, 2014; the scheduled completion date of construction works; August 6, 2014; and KRW 486,00,000 of the construction cost (excluding value-added tax).

B. Upon commencement of the instant construction on May 8, 2014, the Defendant Company obtained approval for the use of the building listed in the separate sheet (hereinafter “instant building”) on October 13, 2014, and the Plaintiff completed registration for the preservation of ownership on October 24, 2014.

C. From February 15, 2013 to February 15, 2016, Defendant C served as the representative director of Defendant C’s company, and Defendant D, from April 21, 2010 to April 21, 2010, claimed a representative position externally as the auditor and auditor of Defendant C and D, Defendant C and D directly occupied the Plaintiff regarding the first and third floors of the instant building in order to exercise the right to retention of Defendant C’s company with a preserved claim.

Therefore, in a lawsuit filed against the defendant company against the defendant company in Suwon District Court 2014Gahap15494 (principal lawsuit), 2015Gahap2969 (Counterclaim), etc., the judgment was rendered that the amount recognized as damages against the plaintiff's defendant company in lieu of defect repairs in relation to the construction of the construction of the instant case is more than KRW 51,983,999, and that the amount recognized as damages against the defendant company in lieu of defect repairs is more than KRW 29,66,600, the amount recognized as the claims for additional construction costs against the plaintiff of the defendant company, and thus, the defendant company cannot exercise the right of retention, and that the defendant company is obligated to deliver the first and third floors of the instant building to the plaintiff.

Since then, the appeal court accepted part of the appeal by the defendant company, and recognized the amount of damages claim against the defendant company by the plaintiff.