1. Revocation of the first instance judgment.

2. The plaintiff, the defendant B, and the defendant C and D are the real estate listed in the separate sheet No. 1.

1. Basic facts

A. The Plaintiff was awarded a successful bid for three and twenty-four households of Gangwon-gu G, H, and I ground-based multi-household housing (hereinafter “instant building”) including each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in the Youngcheon District Court Young-gu E and F (hereinafter “instant auction”), and completed the registration of ownership transfer on June 7, 2017.

B. At present, Defendant B currently occupies the real estate listed in the separate sheet No. 1, Defendant C, and D respectively.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, barring any special circumstance, Defendant B is jointly obligated to deliver the real estate listed in the separate sheet No. 1, Defendant C, and D to the Plaintiff, respectively.

3. Determination as to the defendants' defense

A. The Defendants’ assertion 1) The Defendants are the lien holders of the instant building, J Co., Ltd. (hereinafter “J”).

(2) On June 3, 2010, the Plaintiff J prepared and issued to S a letter of waiver of the right of retention (No. 13-1, hereinafter “the letter of waiver of the right of retention”) to the effect that he/she may waive the right of retention on the instant building, on the grounds that he/she has been entrusted with the possession and management of the instant building, including the instant real estate, by K, and thus, he/she cannot respond to the Plaintiff’s claim.

Therefore, since K’s assertion that the lien was taken over from J cannot be deemed as the lien holder for the instant building, the Defendants, who are entrusted with possession or custody by K, also held the lien and cannot refuse the Plaintiff’s claim for return.

B. Whether the plaintiff's assertion on the ground of the waiver of the right of retention in this case goes against the res judicata, the court of first instance's summary of the defendant's argument is separate from the attached list.