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1. The plaintiff's claim is entirely dismissed.
2. The costs of lawsuit are fully borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 14, 2016, registration of preservation of ownership was made in the name of B with respect to a building listed in paragraph (1) of the Attached List No. 1 (hereinafter “the instant building”), and registration of preservation of ownership was made in the name of C with respect to a building listed in paragraph (2) of the Attached List No. 2 (hereinafter “instant building”).
B. On January 25, 2016, the Daegu District Court commenced a compulsory auction of real estate D with respect to each building listed in the separate sheet (hereinafter “each building of this case”), and the Plaintiff acquired ownership on April 14, 2017 upon receiving a successful bid in the auction procedure.
C. On March 24, 2016, Defendant Taesung Co., Ltd. (hereinafter “Defendant Co., Ltd”) did not receive KRW 288,830,000,000 for the construction work of each building of this case and for the incidental civil construction work, and reported the right of retention while occupying each building of this case.
On March 2, 2016, Defendant A did not receive KRW 77,425,700 as construction cost for each of the instant buildings at the above auction procedure, and reported the lien while occupying each of the instant buildings.
The Defendants currently occupy each of the instant buildings.
[Ground] Facts without dispute, entry of Gap 1 through 4 (including additional number), the purport of the whole pleadings
2. The assertion and judgment
A. The Defendants should deliver to the Plaintiff, the owner, unless they asserted and prove the source of possessory right as the possessor of each of the instant buildings. The Defendants asserted the right of retention on the instant building, and thus, do so.
B. Comprehensively taking account of each of the descriptions and videos (including branch numbers) as to whether Defendant Company A’s lien was obtained, the Defendant Company (the former company’s trade name is “the Vice-Construction”) was awarded a contract for the construction of Lldong E’s neighborhood living facilities on the land from Lldong-gun Co., Ltd. (A) around June 9, 2014, with the cost of construction KRW 132 million (including value-added tax).