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

Purport of claim and appeal

The first instance court.

A. The Defendant purchased a D hotel building on the ground of Gangwon Yangyang-gun and three parcels (hereinafter “instant building”) from a voluntary auction procedure and completed the registration of ownership transfer on or around May 27, 2013.

On April 2013, the Defendant drafted to E a power of attorney to delegate all the exercise of property rights that the owner of the instant building, all the acts related to the name of the possessor (director) and removal of the instant building, etc., and to give E KRW 50 million in return for all resolution of the name of the instant building and the removal thereof.

B. Around that time, E entered into a construction contract with the Plaintiff and the Plaintiff’s husband G on the inside and outside of the first floor restaurant of the instant hotel building with the trade name of “F Construction” with the construction cost of KRW 80 million.

C. On June 10, 2013, G was contacted to remove the 1 and 2nd floor of the instant building from E, and arrived at the entrance of the instant building, but at the time, H, etc., asserting the right to retention on the instant building, at the time, was unable to enter the instant building by correcting the door, G left the door door door door door door door door door door door door door door door door door door door door and the restaurant door door door door door door door door door door door, and entered the instant building.

As a result, G was sentenced to a fine of KRW 2 million by December 11, 2013, which was sentenced to a fine of KRW 200,000,000,000 for a criminal offense, such as obstruction of another’s exercise of rights, etc., and the said sentence became final and conclusive around that time.

When it was impossible to carry out the removal works due to the exercise of lien, etc. on the instant building, E requested both the Plaintiff and G to wait for the removal works. Accordingly, G had certain human resources wait from June 10, 2013 to July 3, 2013, but the removal works failed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 through 8, Eul evidence 1, and the purport of the whole pleadings.

2. Determination as to the cause of the claim