1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Basic facts

A. A building indicated in the attached list (hereinafter “instant building”) is a building newly built on the ground of 80 square meters (hereinafter “instant land”) in Namyang-si, Namyang-si, the registration of ownership preservation was completed in the name of E on May 24, 201 due to the request for provisional attachment of real estate by the Government District Court 201Kadan933, May 18, 201, which was filed by D, on May 18, 201.

B. On April 12, 2012, the Plaintiff: (a) was determined as a purchaser on the date of sale under the F Voluntary Auction Procedure (hereinafter “instant auction”); and (b) completed the registration of ownership transfer for reasons of sale due to voluntary auction on the same day on February 2, 2015.

C. On June 26, 2012, the Defendant reported the right of retention with the claim for the construction cost of KRW 330 million at an auction court as the secured claim, and currently asserted the right of retention and possessed the building of this case.

2. The parties' assertion and judgment

A. On February 9, 2015, when the Plaintiff acquired and possessed the building of this case through the auction of this case, the Plaintiff asserted the right of retention by the Defendant, but the right of retention claimed by the Defendant was not established prior to the decision on commencement of the above auction, and there was no evidence to deem that the Defendant constructed the building of this case, and thus, the Plaintiff did not meet the requirements for establishment. Accordingly, the Defendant’s possession is illegal possession without legitimate title, and thus, the Defendant is obligated to deliver the building of this case to the Plaintiff.

As to this, the Defendant entered into a new construction contract with G, one of the actual owners of the instant building, and new construction contract with the construction cost of KRW 330 million on December 15, 2010, and completed construction works around July 201, the Defendant occupied the instant building from that time to that time and has been duly exercised the right of retention until now.