1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

1. Facts of recognition;

A. On August 2, 2012, the Plaintiff purchased a building listed in the [Attachment List (hereinafter “instant building”) from Daol Trust Co., Ltd. (formerly: Daol Real Estate Trust Co., Ltd.) and completed the registration of ownership transfer on the same day.

B. On April 10, 2014, the Defendant occupied and used the said building by completing the resident registration transfer report with respect to the instant building.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 5, the purport of whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the above building to the plaintiff who is the owner of the above building, unless it proves the title to possess the building of this case and fails to prove it.

3. The Defendant asserted that the remaining phenomenon of the building owner of this case, who is the owner of the building of this case, is a director E of the D Co., Ltd., who had been awarded a contract for the said construction work and had not been paid the construction cost, and that the Plaintiff jointly occupied the building of this case as part of the exercise of the above lien.

Then, it is insufficient to acknowledge that D Co., Ltd. can exercise the right of retention on the instant building based on the claim for construction cost concerning C Co., Ltd., and there is no other evidence to acknowledge it. Rather, according to the evidence No. 4, D Co., Ltd.’s statement, as to September 13, 2007, the former owner of the instant real estate, submitted the construction right and the written waiver of the right of retention to D Co., Ltd., the former owner of the instant real estate. Thus, D Co., Ltd lost the right of retention on the instant building, and the extinction of such right of retention can be asserted by the Plaintiff, as well as the first trust that submitted the written statement.