1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Basic Facts

On July 27, 2017, Co., Ltd. (hereinafter referred to as “C”) created a right to collateral security with a maximum debt amount of KRW 520 million to the Plaintiff, while owning each real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”).

On the basis of the foregoing right to collateral security, the Plaintiff filed an application for voluntary auction to the Youngcheon District Court for each of the instant real estate D, and the auction was commenced on December 14, 2017, and the registration of the decision on voluntary auction was completed on each of the instant real estate.

On February 27, 2019, the Plaintiff acquired ownership by purchasing each of the instant real estate at the above auction procedure.

On the other hand, on March 3, 2018, the defendant reported a right based on a lien during the above auction procedure, and currently occupies each of the real estate in this case.

[Reasons for Recognition] According to the above facts-finding, Gap evidence Nos. 1, 2, and 3-1, and the court below's determination as to the ground for the entire argument, the defendant possessing each of the real estate of this case has a duty to deliver each of the real estate of this case to the plaintiff who is the owner, unless there are special circumstances.

The summary of the Defendant’s assertion regarding the Defendant’s assertion argues that, on May 20, 2013, the Defendant entered into a contract for construction works contracted from C for the construction of the instant real estate in the amount of KRW 875 million, and that, on April 2016, F Co., Ltd was not paid KRW 85 billion out of the cost of death even if it was awarded a subcontract for a part of the construction works of a factory contracted from C and completed construction works on or around April 2016. Since from around July 30, 2017, the Defendant occupied the instant real estate and lawfully exercised a lien on possession of the instant real estate, the Plaintiff’s claim cannot be complied with.

Judgment

The defendant who claims the establishment of a lien, such as the existence of the secured claim of the lien and the commencement of possession prior to the registration of the decision to commence the auction, shall bear the burden of proof.

Facts without dispute, evidence No. 3-1, 2, 3, 6, and 4-1, 2,3.