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1. The defendant shall deliver to the plaintiff the land of Paragraph 1 in the attached list, and the file stated in Paragraph 2 in the attached list.
Reasons
1. Basic facts
A. In the auction procedure of Changwon District Court B real estate, the Plaintiff was awarded a successful bid of 1157 square meters of land for factory (hereinafter “instant land for factory”) owned by Kimhae-si, Kim Jong-si, and completed the registration of ownership transfer on April 2, 2015, and completed the registration date on the same day.
B. The Defendant, on the ground specified in Paragraph 1 of [Attachment List, which is part of the instant land (hereinafter “instant land”), occupied the instant land by installing a steel-resistant container stuff as indicated in Paragraph 2 of the same Table (hereinafter “instant container stuff”) on the ground.
[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1, 2, 4, Eul evidence No. 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the land of this case to the plaintiff seeking the exclusion of disturbance as the owner, and to remove the container stuff of this case, unless there are special circumstances.
B. The Defendant’s assertion 1) The summary of the Defendant’s assertion is as follows: (a) the Defendant entered into a new construction contract with the former owner of the instant land and completed the construction on September 29, 2012, and failed to receive the construction cost from C; (b) the Defendant was entitled to exercise the right of retention; (c) the Plaintiff’s claim is subject to a lien; (d) according to the entries and images of the evidence Nos. 1, 2, 2, 2 through 6, and 8, the Plaintiff’s claim should be dismissed; and (e) on July 7, 2012, C determined the construction cost of KRW 12,50 million to the Defendant; (e) from July 20, 2012 to September 20, 2012; and (e) the construction cost of KRW 34 million to E; and (e) the construction period from August 21, 2012 to December 30, 2012 to the date of completion of the construction of the instant factory site.