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1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
. Facts of recognition.
A. A building listed in the separate sheet (hereinafter “instant commercial building”) was originally owned D, and on January 8, 2013, the Plaintiff completed the registration of ownership transfer by winning a successful bid in the Seoul Northern District Court E and F(Dupl) voluntary auction procedure (hereinafter “instant auction procedure”).
B. The Defendants currently occupy and use the commercial building of this case.
【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading
2. The assertion and judgment
A. On the part of the plaintiff's assertion, the plaintiff sought the transfer of the commercial building of this case to the defendants as a claim for removal of interference based on ownership, the defendants asserted that the plaintiff cannot comply with the plaintiff's claim, since they occupy the commercial building of this case based on the construction cost claim and exercise the right of retention.
B. Determination* Article 320(1) of the Civil Act provides that “A person who possesses another person’s goods or securities has the right to retain such goods or securities until the time when the claim arising in respect of such goods or securities becomes due and due, shall have the right to retain such goods or securities.” Thus, the secured claim in the lien shall be “a claim arising in respect of such goods”.
(See Supreme Court Decision 201Da96208 Decided January 26, 2012, and Supreme Court Decision 2011Da44788 Decided October 24, 2013, etc.). (See, e.g., Supreme Court Decisions 2011Da96208, Jan. 26, 201; 201Da4788, Oct. 24, 2013).
First, according to Gap evidence Nos. 7, 8, and 3-5 to 10, each of the records of Eul evidence Nos. 7, 8, and 3-10, the construction cost is determined as KRW 11 million (including value-added tax of KRW 1 million) with regard to the field agent of defendant C as the representative director of defendant Eul (hereinafter only referred to as "G") and the design cost for the design for the design, construction, partitions, waste disposal, etc.