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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. In light of the fact that there is no dispute over the cause of the claim, the Plaintiff acquired ownership by fully paying the proceeds from the sale of the real estate listed in the separate sheet on February 12, 2015 (hereinafter “instant real estate”) in the auction procedure with regard to the real estate listed in the separate sheet on February 12, 2015 (hereinafter “instant real estate”), and the Defendant may each recognize the possession of the instant real estate at present.
According to the above facts, the defendant, the possessor of the real estate of this case, is obligated to deliver the real estate of this case to the plaintiff as the owner.
2. Judgment on the defendant's defense
A. The Defendant’s defense was awarded a contract from B on December 5, 2008 for the construction of building Nos. 1 and 2, among the instant real estate, and completed the construction around March 2009. Around September 10, 2009, the Defendant was awarded a contract for construction of building Nos. 3 and 4, among the instant real estate, and completed the construction around October 2010, even though the construction was completed on or around September 10, 201, the Defendant did not receive a total of KRW 5,231,849.
Accordingly, in order to pay the construction cost, the Defendant installed a container from the business day to C, and had D from August 2012 to October 2013, 2013, and had E possess each of them from November 2013, so the Defendant is a legitimate lien holder.
B. Determination 1 of the Civil Act refers to the elements for establishing a lien and the possession of an object which is a requirement for the existence of a lien under Article 320 of the Civil Act refers to an objective relationship which appears to belong to the factual control of the person in terms of social norms. It does not necessarily mean only physical and practical control over an object but also means the time with the object, spatial relationship and principal right relationship, and possibility of exclusion of other people's control. However, it is an objective relationship that belongs to such factual control.