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

2. The plaintiff's remaining claims are dismissed.

3...

1. Claims as to requests for extradition and determination

A. (1) The Plaintiff is the executor of the B industrial complex development project, and on October 26, 2015, the Chungcheongnam-do Regional Land Tribunal rendered a ruling of expropriation of real estate including real estate listed in the separate sheet (hereinafter “instant real estate”) for the said project (the date of commencement of expropriation on December 10, 2015).

(2) On December 24, 2015, the Plaintiff completed the registration of transfer of ownership on the instant real estate based on expropriation on December 10, 2015.

(3) The defendant occupies the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 6-1, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to deliver the instant real estate to the Plaintiff who acquired the ownership of the instant real estate by expropriation on December 10, 2015, except in extenuating circumstances.

C. (1) The Defendant asserts that, first of all, the Defendant occupied the instant building as the lien holder because he did not receive the construction cost of KRW 113 million even after he was awarded a subcontract for the 8-household construction of the C building, including the instant real estate, and that the right of retention is not extinguished by expropriation, the Defendant has the title to possess the instant real estate.

According to Article 45 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, a project operator acquires the ownership of land or goods on the commencement date of expropriation and simultaneously terminates other rights to such land or goods. In land expropriation, the ownership acquired by a prisoner shall be the complete ownership of real rights and all other legal restrictions extinguished. Thus, even if the defendant has a right of retention on the instant real estate, the defendant's right of retention was extinguished due to the expropriation on December 10, 2015.