1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The prior judgment rendered by the Defendant filed a lawsuit against C on the claim for the surrender of building name (delivery) with the Seoul Western District Court 2017Kadan14201.

On March 9, 2018, the above court rendered a ruling that “C delivers to the Defendant the real estate indicated in the “Indication of Real Estate” attached hereto, and that “C shall pay the amount calculated by the rate of KRW 1,040,000 per month from July 1, 2016 to the completion date of delivery of the said real estate” (hereinafter “prior judgment”), and the above ruling became final and conclusive around that time.

B. On July 24, 2019, the enforcement officer affiliated with the Seoul Western District Court rendered a prior judgment against C on July 24, 2019, with the Defendant’s delegation, the enforcement officer of the Seoul Western District Court executed the delivery of real estate as to the real estate indicated in “the indication of the attached real estate” (hereinafter “instant real estate”).

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

2. The Plaintiff’s assertion that the Plaintiff exercised a lien on the instant real estate jointly with D Co., Ltd. (hereinafter “D”), and C is merely an occupation assistant who occupied the said real estate upon delegation from the Plaintiff and D.

In order to receive the instant real estate by the Defendant, it is necessary to have a separate title of execution against the Plaintiff, who was in possession of the instant real estate while exercising the right of retention, but the prior judgment alone went against the Plaintiff’s possession.

Therefore, the defendant is obligated to deliver the above real estate to the plaintiff.

3. If the possessor is deprived of his possession, he may demand the return, etc. of the article in question;

(See Article 204(1) of the Civil Act. In a lawsuit for the recovery of possession, only the issue of whether a person has occupied at the time when the person asserts that the person has deprived of possession was deprived of possession shall be examined. Here, the term "the possession" has an objective relationship that appears to belong to the factual control of the person in terms of social norms.