1. The Defendants are containers and steel pipes, files, installed on the ground of 14329 square meters prior to C in Jung-up, Jung-up, the Plaintiff.

1. Facts of recognition;

A. On February 17, 2005, the Plaintiff was awarded a successful bid of 14329m29m2 (hereinafter “instant land”) in order to determine whether the Plaintiff was a party to the auction.

B. The Defendants occupied the instant land, and installed containers and pipes, files, placards, and signboards on the instant land.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the parties’ assertion 1) The Plaintiff is the owner of the instant land, and the Defendants installed a ground object by illegally occupying the instant land. While the Defendants occupy as the lien holder, the Defendants’ claim for construction price against the former owner D does not have any title to possess after the lapse of the extinctive prescription, and thus, the Defendants are obligated to deliver the instant land to the Plaintiff and remove the relevant ground object. (2) The Defendants concluded a construction contract on the instant land between D and D, the former owner of the instant land, and have the claim for construction price. As such, they occupy the instant land as the lien holder.

B. In light of the above facts, barring any special circumstance, the Defendants are obligated to deliver the instant land to the Plaintiff and remove its ground objects. 2) In full view of the Defendants’ right of retention defense, the fact that there is no dispute, and the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, Defendant B entered into a banking contract with D with respect to the instant land, which is the former owner of the instant land, and completed the relevant construction on March 5, 2002, and Defendant Cho Jae entered into a construction contract and civil engineering works contract with Dae-ia Construction Co., Ltd., the apartment construction company, which is the apartment construction company, with respect to the instant land, and completed the construction work on December 30, 202. However, the Defendants’ claim against the Defendants is a claim against the Corporation, and the short-term extinctive prescription period of three years.