1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claims against the defendant C and D are all dismissed.

3...

1. Facts of background;

A. On March 201, the Plaintiff entered into a construction contract with E Co., Ltd. (hereinafter “E”) and an aggregate building (hereinafter “instant building”) to which each building indicated on the attached real estate’s indication belongs, and individually named the buildings indicated on the attached real estate’s indication, the Plaintiff entered into the construction contract with respect to remodeling construction (hereinafter “the instant construction”) in accordance with the No. F number, and executed the instant construction work.

B. On August 18, 2014, with respect to each building indicated in the indication of attached real estate owned by E, namely, (a) through (h), the voluntary auction procedure of the Daejeon District Court I (hereinafter “instant auction procedure”) began.

On November 12, 2014, the Plaintiff reported that there was a lien for the instant construction works at the instant auction procedure.

C. In the instant auction procedure, Defendant B received a decision to permit the sale of HS heading, J heading and H (hereinafter “G heading, etc.”) and acquired ownership by completely paying the sale price on October 26, 2015. Defendant C and D jointly received a decision to permit the sale of K on July 10, 2015, and acquired the ownership (each of 1/2 shares) by paying the sale price in full.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 3 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the lawsuit against the defendant B is lawful

가. 피고 B이 2016년 9월경 원고의 G호 등에 대한 점유를 침�하였다고 주장하며 피고 B을 상대로 그 점유 회복을 구하는 원고의 이 사건 소에 대하여, 피고 B은 이 사건 소가 제척기간을 도과하여 부적법하다고 항변한다.

B. Article 204(3) of the Civil Act provides that the right to claim the recovery of possession against the person who has deprived of possession from the party who has deprived of possession shall be exercised within one year from the time when the person has deprived of possession, and the above exclusion period shall be exercised outside the trial.