The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

The costs of lawsuit shall be borne by the defendant.

1. Basic facts

A. On January 24, 2019, the Korea Asset Management Corporation applied for an auction of real estate for each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with Pyeongtaek Branch Branch Branch Branch Branch of Suwon District Court on January 24, 2019, and received a decision of voluntary commencement of auction from the above court on January 25, 2019 (U.S. District Court Pyeongtaek Housing Site C), and on the same day, the registration of voluntary commencement of auction was completed.

(B) The auction procedure that was conducted on the basis of the above decision to commence the auction (hereinafter “instant auction procedure”).

The plaintiff was selected as the highest price purchaser in the auction procedure of this case, paid in full the sale price, and completed the registration of ownership transfer on September 24, 2019.

C. In the instant auction procedure, the Defendant asserted that there was a claim for construction price of KRW 349,745,186 regarding each of the instant real estate, and submitted a right registration statement under the lien on October 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The facts that the plaintiff completed the registration of ownership transfer concerning each of the instant real estate are recognized as above. Since there is no dispute between the parties that the defendant occupies each of the instant real estate as of the date of the closing of argument, the defendant is obligated to deliver each of the instant real estate to the plaintiff, barring special circumstances.

B. The Defendant’s defense of the right of retention 1) is extinguished due to the loss of possession. As such, possession of the object is a requisite for establishing the right of retention, and its possession should be maintained as a requirement for the existence of the right of retention without being severed (see Articles 320 and 328 of the Civil Act). Meanwhile, since the registration of the decision on commencement of auction was made on the real estate, such as the building owned by the obligor, and the obligor’s construction price as to the said real estate