1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The plaintiff's remaining claims are dismissed.

3...

1. Basic facts

A. The defensive agricultural cooperative completed the establishment registration of a mortgage on the instant building, which was owned by B in order to secure B’s claim against B, by the Ulsan District Court No. 92788, Sept. 23, 2011, the maximum debt amount of KRW 432 million.

B. On July 10, 2013, the defensive agricultural cooperative filed an application for the commencement of voluntary auction with the Ulsan District Court C, and the entry registration of the decision to commence voluntary auction was completed on July 10, 2013 (hereinafter “instant auction procedure”).

C. On December 27, 2013, the Defendant reported the right of retention as it did not receive the construction cost of KRW 52 million even after performing interior works on the instant building at the instant auction procedure.

The Plaintiff was awarded a successful bid for the instant building and completed the registration of ownership transfer on March 11, 2014.

E. Meanwhile, the Defendant currently occupies the instant building.

[Reasons for Recognition] The facts without dispute, Gap 1 and 2 evidence, the whole purport of the pleading

2. Determination as to the request for delivery of a building

A. The plaintiff alleged by the parties that there is no claim for the payment of the construction price against the defendant Eul, and even if the claim for the payment of the construction price exists, the defendant occupied after the completion of the registration of the entry of the decision to commence the auction on the building of this case, and thus, the right of retention is not established. Thus, the defendant is obligated to deliver the building of this case to the plaintiff who is the owner of the building of this case.

As to this, the Defendant asserted that, even though the construction work was completed as to D representing B on January 2013 and the interior construction on the instant building, it continued to occupy the instant building even after the completion of construction due to the failure to receive construction cost of KRW 52 million, and thus, it cannot comply with the Plaintiff’s claim by establishing a lien.

B. The seizure takes effect upon completion of the entry registration of the auction decision on real estate, such as a building owned by the debtor, etc.