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1. The appeal against the principal claim and counterclaim by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) in this court.
Reasons
1. Determination on the main claim
A. Each real estate listed in the separate list (1) of the basic facts (hereinafter referred to as “each of the instant buildings”) was owned by the Dispute Settlement Bank D, and on June 3, 2009, F purchased each of the instant buildings, etc. in an auction (hereinafter referred to as “the first auction”) and acquired its ownership. On February 4, 2014, the Plaintiff purchased each of the instant buildings and acquired its ownership in an auction (hereinafter referred to as “JG District Court E, etc.”) on the first factory buildings, etc. of the instant building.
(2) The defendant occupies each of the buildings of this case.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
B. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver each of the buildings of this case to the plaintiff, the owner of each of the buildings of this case.
C. (1) The summary of the defendant's defense (1) is that the defendant takes over the construction cost claim for the factory building of this case, such as each of the building of this case, and the right of retention for each of the building of this case to secure the payment of construction cost claim for the building of this case, etc., from the Korea Light Power Plant Co., Ltd. on September 22, 2007, and from May 3, 2008, he has possession of each of the buildings of this case from that time. Thus, as the lien holder has the right
(2) The judgment of the Defendant is not clear as to which right of retention is claimed among civil and commercial lien, and it is determined as to both civil and commercial lien.
(A) With respect to civil lien, a person who possesses another person's articles or securities that are the requirements for establishing civil lien shall have the right to retain such articles or securities until the payment is made, if the claim arising with respect to such articles or securities is due (Article 320 (1) 2 of the Civil Act).