1. For the plaintiffs:

(a) Defendant F, G, H, and I jointly with Defendant D and E:

B. Defendant D is from the Plaintiffs.

1. Basic facts

A. On January 30, 2018, the Plaintiffs jointly acquired the ownership of the instant land through a voluntary auction (JJ of the Suwon District Court, hereinafter “instant voluntary auction”) one-third shares, respectively.

B. The date of commencement of the auction in the instant voluntary auction case was March 9, 2017; Defendant D and F reported each right of retention on December 13, 2017 in the said auction procedure; Defendant E and Defendant E were on the same month; Defendant G were on the 16th day of the same month; Defendant G was on the 23th day of the same month; Defendant H was on September 11, 2017; and Defendant I reported each right of retention on December 13, 2017.

C. On April 18, 2018, upon Defendant D and E’s application, a voluntary auction (K) based on the lien was commenced with respect to each of the lands listed in the separate sheet Nos. 4, 7, 12, and 16 in the separate sheet Nos. 4, 7, 12, and 16.

The Defendants are jointly occupying the instant land as of the closing date of pleadings.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if there are virtual numbers, including each number; hereinafter the same shall apply), Eul evidence Nos. 25, 42, and 43, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendants are jointly obligated to deliver the land of this case to the plaintiffs, except in extenuating circumstances.

3. Defendant D, E, F, G, and I’s right of retention defense did not constitute a right of retention defense. A.

A purchaser at the auction procedure of real estate is liable to repay to the lien holder the claim secured by the lien (Article 91(5) of the Civil Execution Act), but in cases where a lien has been acquired after the attachment became effective as the registration of the decision to commence auction on real estate owned by the debtor was completed, the purchaser cannot set up against the purchaser at the auction procedure of the real estate.

(see, e.g., Supreme Court Decision 2011Da50165, Jun. 27, 2013). On the other hand, possession refers to an objective relationship that shows that an article belongs to a person’s factual control under generally accepted social norms, and a thing must be physically controlled so as to have de facto control.