1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On December 17, 2015, this Court rendered a ruling to commence the auction of the instant real estate owned by E (C).

B. However, on May 26, 2016, the Plaintiff reported a lien in the said auction procedure, asserting that “E and January 30, 2011, enter into a contract for an appurtenant work, such as removal and civil engineering, with respect to the instant real estate, and has a claim for construction cost of KRW 30,000,000.”

C. On the other hand, around July 2016, the Defendant purchased the instant real estate at the above auction procedure and completed the registration of ownership transfer, and commenced possession in accordance with the delivery order on the instant real estate around August of the same year.

【Ground for recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 1, and the purport of the whole pleadings

2. The gist of the cause of the claim is that the Plaintiff, as the lien holder with respect to the claim for the construction price as above, occupied the instant real estate from October 2015 to the Defendant in accordance with the above order of delivery. As such, the Defendant was deprived of possession pursuant to the above order of delivery. In addition, the Plaintiff’s confirmation of the above lien and the Defendant’s claim for payment of KRW 30,000,000, which is the secured claim

3. Determination as to the cause of action

A. First, whether the Plaintiff had occupied the instant real estate or not, the fact that the Plaintiff reported the lien on the instant real estate in the above auction procedure is as seen earlier.

However, in light of the following circumstances, which can be acknowledged as comprehensively taking account of the statement Eul evidence No. 2 (including the provisional number)’s overall purport of the pleadings, namely, ① the investigation into the current status of real estate and the investigation into possession relation with the real estate of this case at the above auction procedure on December 24, 2015; ② according to each investigation report, the real estate of this case was indicated as the owner E, lessee, F, and G’s residence at the time, and ③ the fact that the above owner and lessee are found to have no other occupant such as the lien holder, etc., the report on the above lien alone is alone.