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

A. On September 1, 2016, the Defendant completed the registration of ownership transfer on the instant land for sale due to voluntary auction on September 1, 2016, as to ten parcels, including C, D, E, E, F, G, G, H, I, J, K, and L (hereinafter collectively referred to as “instant land”). At the time, four buildings, the construction of which was interrupted (hereinafter collectively referred to as “the instant building”), as stated in the purport of the claim, were newly constructed on the instant land.

B. The Defendant resumed the construction of the instant building from September 8, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 6 to 15, Eul evidence No. 1-1 and Eul evidence No. 2, and the purport of the whole pleadings

2. On July 30, 2013, the Plaintiff: (a) contracted and contracted to M, on the instant land, four new construction lines; (b) on December 9, 2013, three of four construction lines, three of four construction lines, three of three units of loan around December 9, 2013; and (c) the remainder of one unit, up to two floors.

In order for M to not pay the construction cost, the Plaintiff discontinued the construction and was exercising the right of retention while occupying the building of this case. However, the Defendant at his own discretion deprived of the Plaintiff’s possession.

The defendant is obligated to deliver the above building to the plaintiff pursuant to Article 204 (1) of the Civil Act.

3. Determination and conclusion that the Plaintiff’s right to claim the recovery of possession under Article 204(1) of the Civil Act should be acknowledged prior to the Defendant’s deprivation of occupation.

The possession refers to an objective relationship that appears to belong to the factual control of the person in terms of social norms. At this time, factual control is not necessarily limited to physical and practical control, but should be judged in conformity with the concept of society in consideration of the time and spatial relationship with the person in question, the relationship between principal and the person in question, the possibility of exclusion from control of others, etc. However, in order to have an objective relationship that belongs to such factual control, at least interference with others.