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1. The Defendants jointly share KRW 36,897,351 to the Plaintiff and 5% per annum from March 22, 2017 to September 22, 2017.
Reasons
1. Facts of recognition;
A. On June 15, 2012, with respect to each real estate listed in the separate sheet owned by E (hereinafter “instant real estate”), the decision to commence the auction was rendered on June 15, 2012 by filing an application for the Savings Bank instead of the Plaintiff, and the registration of the decision to commence the auction was completed on the same day.
B. On October 17, 2014, the Plaintiff purchased the instant real estate in the above auction procedure and completed the registration of ownership transfer.
C. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded and completed the construction agreement with G (Representative E) on the construction of the instant real estate building, electricity, and installation works, but failed to receive KRW 450 million out of the construction price, and reported a lien to the above auction court on February 7, 2013. Defendant B and joint operators, the representative of the Defendant Co., Ltd, reported a lien to the above auction court. Defendant C, a representative of the Defendant Co., Ltd, carried a flick card with the effect that the Defendant Co., Ltd exercised a lien, brought container, cargo, and house, and controlled the entrance. The instant real estate was sold to the Plaintiff even after it was sold to the Plaintiff, and occupied the instant real estate.
On November 6, 2014, the Plaintiff received an order for delivery of real estate from Ha Government District Court H, and on February 11, 2015, the enforcement officer affiliated with the Jung Government District Court carried out compulsory execution on the instant real estate by having the Plaintiff, the creditor, who had been moving containers, trucks, etc. installed by the Defendants to outside the real estate in accordance with the above order for delivery of real estate, keep them in custody. However, on March 3, 2015, Defendant B and C, again, carried a flick card stating that the Defendant Company is exercising the right of retention on the instant real estate, and occupied the instant real estate by November 14, 2016.
(e).