1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Judgment on the ground of the Plaintiff’s claim

A. B An application for the auction of real estate rent as stated in Section 2 of the annexed Table 2 (hereinafter “instant inspection”) including the buildings listed in Section 1 of the annexed Table No. 1 (hereinafter “instant building”) to the Suwon District Court for the auction of real estate rent as stated in the annexed Table No. 2 (hereinafter “instant inspection”). On June 10, 209, the above court rendered a decision of voluntary commencement of auction on June 10, 2009. The Plaintiff paid the price after receiving a successful bid for the instant inspection in the above real estate auction procedure and completed the registration of ownership transfer in its name on February 20, 203. The fact that the Defendant occupied the instant inspection does not conflict between the parties, or the fact that the Defendant occupied the instant building does not conflict, and it can be recognized in full view of the respective entries as stated in subparagraphs 1 through 4, 3, and 11 (including each number) and the purport of all pleadings.

B. According to the above facts, the plaintiff has the right to claim the delivery of the building of this case as the right to claim the return of the right to claim the return of the building of this case against the defendant, barring special circumstances, the defendant is obligated to deliver the

2. Judgment on the defendant's defense, etc.

A. The defendant asserts that the defendant can not respond to the plaintiff's claim on the ground that there exists a claim for construction cost as to the inspection of this case and therefore, the above claim for construction cost as the secured claim is entitled to attract the building of this case.

1) The Defendant is a religious organization (hereinafter collectively referred to as “D, etc.”) whose representative is D or D.

From February 2003, F Forest Land No. 27,017 square meters on the ground of F Forest Land No. 27,017 square meters in leisure city (hereinafter “instant construction”) the construction of the instant temple (hereinafter “instant construction”).

(2) The inspection of this case was completed around December 31, 2004, and on February 4, 2005, the inspection of this case was approved for use of the inspection of this case. 2) Nevertheless, the Defendant, etc.