1. The defendant shall deliver to the plaintiff the land of 534 square meters prior to C and 2,732 square meters prior to D in Yangyang-si, Namyang-si.

2. The costs of the lawsuit are assessed against the defendant.

1. Facts of recognition;

A. On May 7, 2010, the Defendant supplied the construction work of installing the main gate and fence (hereinafter “construction work of this case’s main gate and fence”) on the boundary of 5,000,000 won (hereinafter “construction work of this case’s construction work”) of the main gate and fence on the boundary of 534 square meters and D previous 2,732 square meters (hereinafter “each of the above land”) in Namyang-si, Nam-si, Nam-si, and installed the main gate and fence around the instant land.

B. Although the Defendant completed the construction of the main gate and fence, but did not receive the payment of the construction price from E, the Defendant occupied the instant land by marking that the right of retention was being exercised on the installed main gate and fence, setting up the main gate, etc.

C. On November 8, 2012, G, the Defendant’s representative director at the time, was voluntarily decided to commence the auction on the instant land as F, and reported a lien on November 21, 2013 with the instant construction cost of KRW 35 million as the secured claim. D.

On December 23, 2013, the Plaintiff: (a) received a successful bid and paid the successful bid price; and (b) completed the registration of ownership transfer on the instant land; and (c) began to occupy the instant land by means of attaching part of the steel fence installed by the Defendant using the equipment and the steel gate, etc. on February 3, 2014.

E. Accordingly, on April 29, 2014, the Defendant asserted with H that “The Defendant was directly occupying the instant land, and H was indirectly occupying the instant land by entrusting the Defendant with the exercise of a lien, but the Plaintiff was deprived of possession of the instant land,” and filed a lawsuit seeking the transfer of the instant land, etc. on March 20, 2015, the lower court sentenced the Defendant and H to the effect that “the Plaintiff transferred the instant land to the Defendant and H” on March 20, 2015.

F. As to this, the Plaintiff’s District Court.