1. The primary Defendant A Co., Ltd. shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The costs of lawsuit shall be.

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant factory”) owned Gold Food Co., Ltd. for agricultural companies. On June 5, 2017, the ownership transfer registration was completed on the grounds of “sale by voluntary auction on June 1, 2017” in the name of the preliminary Defendant B.

B. On August 12, 2017, the Plaintiff had occupied the instant factory by asserting the right of retention. However, the Defendants infringed upon without permission and deprived of the possession of the instant factory, and thereafter, the Defendants Company A occupied and used the instant factory.

[Ground for Recognition: In particular, the fact that the Plaintiff occupied the factory of this case on August 12, 2017 does not dispute the Defendants (see the statement at the second date for pleading). The evidence Nos. 1-7 (including the serial number), and the purport of the entire pleadings)

2. If the possessor is deprived of possession, he/she may demand the return, etc. of the article in question (Article 204(1) of the Civil Act). In such a claim for the recovery of possession, he/she shall be exempted from the examination as to whether he/she occupied the article in question at the time he/she asserts that he/she

Here, possession refers to the objective relationship in which the object is deemed to be a factual control of the person under the social norms, and to have a factual control, the object is not necessarily required to be physically and practically controlled, and the factual control should be determined in accordance with the concept of society in consideration of the temporal and spatial relationship with the object, the principal right relationship, the possibility of exclusion from control of others, etc.

(see, e.g., Supreme Court Decision 2010Da18294, Jul. 15, 2010). Moreover, regarding the claim for recovery of possession, the claim for recovery of possession cannot be rejected on the ground that the person who was deprived of possession has the principal right to the article in possession.

(See Article 208 of the Civil Act). [See Supreme Court Decision 2013Da27510 decided July 11, 2013] The facts acknowledged prior to such a legal doctrine are visible.