1. The plaintiff's claims against the defendants are all dismissed.

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

Plaintiff’s assertion

The summary is that the Plaintiff completed the construction of the total 12 buildings, including each building listed in the separate sheet No. 1 (hereinafter referred to as the “instant building”), and is the lien holder for each of the above buildings. The Defendants are co-owners of each land listed in the separate sheet No. 2 (hereinafter referred to as the “instant land”).

The Defendants filed a lawsuit against the Plaintiff, etc., seeking the eviction from the instant building, which was located in the possession of the instant building, with the Suwon District Court Branch Branching 2012Kadan1435, which was sentenced to a quoted judgment. The said judgment was executed with the title of execution, and the said judgment was executed with the title of execution as Suwon District Court Branching D, and accordingly, the Plaintiff lost the right of possession and the right of retention on the instant building.

Since the removal of a building from the building is caused by the reason that the execution of the removal of the building will obstruct the removal of the building owner, the removal of the building is based on the premise that the removal of the building is executed.

However, the Defendants’ execution of this case for the purpose of extinguishing only the Plaintiff’s lien, which was merely the possessor of the instant building, with no intent to remove the instant building against E, the owner of the instant building, constitutes the exercise of rights or abuse of rights in violation of the principle of trust and good faith.

The defendants lost their right of retention over the building of this case due to the above unlawful execution by the defendants. The defendants have a duty to compensate the plaintiff for the amount equivalent to the value of the building of this case due to damages incurred thereby, and the plaintiff is seeking payment of KRW 100 million as part of the claim.

Judgment

When a person other than the owner of a ground building occupies the ground building, the ownership of the land which is the site is hindered due to the possession and use of the ground building.