1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

1. Facts of recognition;

A. Nonparty B completed the registration of ownership transfer on September 24, 2014 with respect to a factory site C 1,475 square meters (hereinafter “instant land”). Nonparty B completed the registration of ownership transfer on September 24, 2014, and completed the registration of ownership preservation on November 25, 2014 with respect to the general steel structure on the ground and the other roof on the ground surface and the 397.6 square meters of the 1st floor factory on the 397 square meters (hereinafter “instant factory”).

B. On November 11, 2015, the creditors of B filed an application for a voluntary auction of real estate with the Suwon District Court D on the instant land and factory on November 11, 2015, and the said court rendered a voluntary decision to commence the auction on November 12, 2015.

C. The sale articles list prepared in the above real estate auction case is written with the non-registered building on the second floor of the instant factory, and it is written that (i) the workplace, etc. (the wall use department, the building for cargo, the 0.3 tons of elevators for cargo, the machinery room, etc. (hereinafter “instant real estate”) is 5.2 square meters of the board board, etc. (the wall use department), and the real estate in this case was transferred on November 2, 2015 by the Defendant leased the instant real estate in a deposit amount of KRW 40 million.

On August 12, 2016, the Plaintiff completed the registration of ownership transfer on the same day, based on the sale by voluntary auction on the instant land and building.

E. The defendant currently occupies the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 7, 8, and 9, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the facts as seen earlier prior to the determination of the cause of the claim, the Plaintiff acquired the ownership of the instant factory and acquired the ownership of the instant real estate in conformity therewith. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff.

B. (1) A, the former owner of the instant plant, claiming the Defendant’s right of retention, agreed to extend the real estate of this case with the Defendant and lease it to the Defendant, and B and the Defendant raise objection.