1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) and D jointly carried out the new construction and sale of electric source houses on the land outside E and ten parcels at the time of strike, and D awarded a new construction contract to F Co., Ltd. (hereinafter “F”).

F on June 2, 2008, the F subcontracted to the Plaintiff the interior construction work (hereinafter “instant construction work”) of the said new house construction work to the cost of construction KRW 935 million (including value-added tax).

B. The Plaintiff continued the instant construction until August 17, 2008, but was unable to receive the payment from F, the Plaintiff discontinued the construction from around that time, and occupied each of the buildings listed in the separate sheet (hereinafter “each of the instant buildings”) located in the Corporation from around October 17, 2008 to J, G Co., Ltd. (hereinafter “G”), and K (hereinafter “Plaintiff, etc.”).

Since then, the plaintiff, after receiving a written statement of performance from D and C, resumed the construction, but the contents of the written statement have not been fulfilled. Since January 2009, the plaintiff occupied each of the buildings of this case.

C. Around October 14, 2009, 20 male 20 persons, the Plaintiff et al. was deprived of the glass hold of each of the buildings of this case with a chain pipe and forced intrusion into force, and the Plaintiff et al. filed a lawsuit against D, C, and H claiming the recovery of possession (2009No3984). A lawsuit against the Plaintiff et al. was brought against D, C, and C for the recovery of possession of each of the buildings of this case against the Plaintiff et al. on the ground that D, C, and H was deprived of possession of each of the buildings of this case against the Plaintiff et al., and the said judgment became final and conclusive around that time.

(hereinafter referred to as “prior judgment”) d.

On April 13, 2015, upon the application of G with the lien holder, the Defendant in the voluntary auction procedure (hereinafter “instant auction procedure”) initiated regarding each of the instant buildings on April 13, 2015.