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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. On March 23, 2009, the Defendant: (a) performed the construction of the ground G building (hereinafter “instant construction”); (b) completed the construction of the G building around January 4, 2010, by performing the construction of the ground G building (hereinafter “instant construction”).
B. As to the instant real estate which is a sectioned building, the registration of the entry was completed on May 18, 201 according to the order of voluntary auction (hereinafter “instant auction”) issued on May 17, 201 at the request of the Do Community Savings Bank, Inc. (hereinafter “instant auction”).
C. The Plaintiff purchased the instant real estate at the instant auction procedure and acquired the ownership of the instant real estate by completely paying the sales price on March 20, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 12 (including numbers, hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the claim for confirmation of existence of lien
A. 1) The Defendant’s assertion 1) in March 201, for repayment of the remaining claim for the construction cost of the G building, had the Defendant’s K directors regularly run the instant real estate and exercised the right of retention. Since around February 2012, since the Defendant’s K directors had been placed in the instant real estate and continued to reside in D to the present real estate, the Plaintiff asserts that there exists the right to attract the instant real estate until all of the above claim for construction cost has been repaid. Accordingly, the Plaintiff’s remaining claim for the construction cost of the G building was transferred by the Defendant from B to the ownership of 101, 105, and 401, instead of the payment of the above claim, and the Defendant did not possess the instant real estate prior to the registration of the commencement of the auction decision of this case, and D was not only the Defendant, but also the representative director of B’s actual E.