1. The judgment of the court of first instance is modified as follows.

The Defendants are above the F.m. F., Chungcheongnam-gun, Chungcheongnam-gun.

1. Basic facts

A. On December 14, 201, the Plaintiffs completed the registration of transfer of ownership on the ground of sale due to a voluntary auction on December 5, 2011, with respect to the land of 1,967 square meters (hereinafter “instant land”). The instant land was changed to the land for a factory on February 27, 2012) and the general steel structure dives panel roof of the general steel structure one story, a general factory of 484 square meters of an annex building, and 60.5 square meters of an annex dives panel of light-weight structure dives panel of light steel frame and dives panel of light dives board of a single roof (hereinafter “instant factory and office”).

B. The Defendants possess the factory and office of this case.

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

2. Determination as to requests for the delivery of a building

A. According to the above facts of determination as to the cause of the claim, the defendants who possess the factory and office of this case are obligated to deliver the factory and office of this case to the plaintiffs who are owners, unless there are special circumstances.

B. Determination 1 on the defendants' defense - Defendant D's defense of the defendants is the co-defendant C corporation of the first instance trial on November 2, 2009 (hereinafter "C").

From the point of construction cost of KRW 75 million, the board, windows, communications, fire fighting, design, etc. for the factory and office of this case was awarded a contract, and the defendant N also participated in the above construction.

Afterwards, even if the Defendants delivered the instant factory and office to C with the completion of the construction, they did not receive KRW 64 million of the said construction cost, and reported the right of retention in the auction procedure. Moreover, they applied for a payment order against C to pay the said KRW 64 million, and the payment order accordingly became final and conclusive.

Therefore, the defendants possess the factory and office of this case based on the right of retention, the right to claim the construction cost against C as the preserved right, so the plaintiffs' claim shall be dismissed, and at least the payment of the construction cost shall be made.