1. A claim for the construction cost of KRW 61,103,00 with respect to a building newly constructed on a 239 square meters wide in the East Sea.

1. Basic facts

A. The Plaintiff paid all the sales proceeds on May 20, 2015, after receiving the highest bidder’s decision to permit the sale of the real estate E (hereinafter “instant auction”) that was conducted with respect to the land of 239 square meters (hereinafter “instant land”) in the Dong-si, Dong-si, Dong-si (hereinafter “instant auction”).

B. The third floor multi-family house was newly built on the instant land. At the time of the auction of the instant case, the construction was completed up to the second floor.

(hereinafter “instant building”). C.

The Plaintiff, the previous owner of the instant land, and the instant building, acquired the right to the instant building from D, the owner of the instant land, and completed the report on the change of the name of the owner on November 23, 2015.

[Reasons for Recognition: Facts without dispute, entry in Gap evidence 1 to Gap 7 (Evidence with Serial Numbers include Serial Numbers), the purport of the whole pleadings]

2. Assertion and determination

A. 1) The Plaintiff’s assertion is merely a concrete structure that is currently being a new building, and it is difficult to view the instant building as an independent building under social norms. Even if the instant building was independent, there is no Defendant’s secured debt and no Defendant’s lien on the instant building exists because it did not occupy the instant building. 2) Although the Defendant’s assertion that the instant building had contracted and completed 70% of the structural construction of the instant building among the new construction of the instant building, the Defendant was not paid KRW 61,503,00 out of the construction cost for the installation of the instant building from D.

In order to receive the payment of the above construction cost, the Defendant occupies and manages the instant building from the end of June 2013 to the end of the closing day of the instant case.

B. Determination 1 For the purpose of deeming the instant building to be a building independent of socially accepted ideas or independent real estate; and