1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 1, 201, the Dongdae Development Co., Ltd. concluded a construction contract with B (hereinafter referred to as “B”) on a new building indicated in the attached list (hereinafter referred to as “instant building”).

The Plaintiff succeeded to the above construction contract from the Dongdae Development Co., Ltd., and completed the building of this case since March 201 and transferred the building of this case to B around that time after obtaining approval for use on February 20, 2012.

B. On May 1, 2012, B filed a lawsuit against the Plaintiff regarding the instant building construction with the Busan District Court’s Dong Branch, claiming for damages against the Plaintiff. On August 10, 2012, the Plaintiff filed a lawsuit against B for the claim for construction cost of 2012Gahap3585 against B, and the Busan District Court’s Dong District Court rendered a judgment on July 25, 2013 that “B’s main claim is dismissed. B shall pay to the Plaintiff KRW 958,890,40 and delay damages.” The said judgment became final and conclusive on August 17, 2013.

C. On July 19, 2013, the Ulsan District Court rendered a decision to voluntarily commence the auction of the instant building owned by B at the request of Busan Bank, a stock company, etc., and completed the entry registration on the same day.

After receiving the decision to permit sale at the above auction procedure, the Defendant acquired the ownership of the instant building by smelling the sale price on May 8, 2014.

피고는 2014. 5. 28. 울산지방법원으로부터 유치권을 주장하면서 이 사건 건물 중 별지 도면 표시 ㈎부분 50㎡(이하 ㈎부분이라 한다)를 점유하고 있던 원고를 상대로 하여 D 부동산인도명령(이 사건 부동산인도명령이라 한다)을 받았고, 그 무렵 집행관에게 이 사건 부동산인도명령의 강제집행을 위임하였다.

On June 13, 2014, the Plaintiff filed an immediate appeal against the instant order for delivery of real estate, and on June 30, 2014, the Plaintiff suspended compulsory execution of the instant order from the Ulsan District Court until the time when the immediate appeal is determined.