1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons why the court stated this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The plaintiff asserted that the plaintiff acquired the ownership of the real estate of this case at a successful bid, and since the defendant occupies it without a legitimate title, the defendant is obligated to deliver the real estate of this case to the plaintiff.

B. The defendant's assertion that he received a contract for the construction work from D on August 10, 2004 and completed the construction work, but did not receive the construction payment.

At the time of July 18, 2007, the Defendant: (a) received a written confirmation of payment from K Co., Ltd. (hereinafter “K”); (b) did not pay the construction price; and (c) received a favorable judgment on September 23, 201 by claiming construction price against K.

Therefore, the defendant has a claim for the construction cost of the Itel building that includes the real estate in this case, and is legally occupied by the delegation of management of the real estate in this case from D through K, who is the owner of the building. Thus, the defendant has a legitimate right to possess the real estate in this case under the lien until he receives the construction cost.

In addition, the defendant concluded a contract with L, a representative director, to purchase the Itel building from D and paid the purchase price, but the registration of ownership transfer was not completed due to double selling of D, so there is a legitimate right to possess the building of this case.

3. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the real estate of this case to the plaintiff, unless there are special circumstances.

B. According to each of the evidence Nos. 1 to 3 of the judgment of the defendant's assertion as to the defendant's assertion, the defendant is under construction of officetels buildings from D.