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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserts to the following purport and sought the delivery of the real estate stated in the attached list (hereinafter “instant factory”). A.
The Plaintiff is a personal entrepreneur who engages in construction business, etc. with the trade name of “B,” and was awarded a contract as KRW 240,000,000 for the construction work of constructing a new factory building with approximately 120 square meters on the ground of Kim Jong-si and four parcels (hereinafter “instant land”).
B. Samsung Co., Ltd. purchased the instant land on or around September 2013, and acquired the said construction contract between C and the Plaintiff.
C. Around November 1, 2013, the Plaintiff completed the instant factory in accordance with the instant construction contract, and Samsung Co., Ltd. completed the registration of initial ownership as to the said factory on December 17, 2013.
Since November 21, 2013, the Plaintiff did not pay the construction cost, and from November 21, 2013, the Plaintiff saw a banner with the purport of “in the course of exercising the right of retention and payment of the construction payment,” and commenced possession of the above factory.
E. On November 29, 2013, C and C were unlawfully deprived of the Plaintiff’s possession of the instant factory, and the registration of ownership transfer was completed on March 19, 2014 with respect to the instant land and factory in the name of the Defendant, and the said land and factory thereafter are owned by the Defendant.
F. The Defendant, in collusion with C or C, constitutes a person subject to bad faith special successor who has succeeded to the Plaintiff, even though he was aware that the Defendant infringed the Plaintiff’s right of retention that was duly established with respect to the instant factory, infringed the Plaintiff’s possession, or deprived of the Plaintiff’s possession, or was unlawfully deprived of the Plaintiff’s possession, and thus, is obligated to return the possession of the instant factory to the Plaintiff.
2. Determination feet, Gap evidence 3, Gap evidence 4-1, 2, 5, and Gap.