1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

1. The Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant building”), seeks delivery of the instant building against the Defendant who occupies the instant building as the owner of the instant building.

According to the overall purport of the statement and pleading evidence No. 9, the Plaintiff acquired ownership by purchasing the instant building on January 25, 2017 from the auction procedure, including Gwangju District Court A (hereinafter “instant auction procedure”), and the Defendant currently occupies the instant building.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, unless there are special circumstances to the contrary.

2. Judgment on the defendant's right of retention defense

A. On February 27, 2014, the Defendant asserted by the Defendant: (a) concluded a construction contract and completed the construction work by setting the construction cost of KRW 470 million with respect to the new construction of factories located in 623-1 located in the front of the instant building (the trade name before the alteration is Co., Ltd.; hereinafter referred to as “Korea Development Project”); and (b) Sung-gun, Sung-gun, Seoul; and (c) from February 28, 2014 to July 28, 2014, the construction cost of KRW 470 million was not paid from Korea Development Project; and (d) the construction cost of KRW 470 million was not paid from Korea Development Project.

Accordingly, from September 2015 to the present date, the Defendant had his employee stay in the building of this case and occupied the building of this case in order to secure the above construction cost claim.

Therefore, the defendant, as the lien holder of the building of this case, cannot accept the plaintiff's claim for delivery of this case until the payment of the above construction cost is made in full by Korea Plaex.

B. (1) The case where the obligor acquired a lien by transferring the possession of the construction price to the creditor in respect of the said real estate after the attachment became effective, after the registration of the decision to commence compulsory auction has been made on the real estate owned by the obligor, such as a building owned by the obligor.