1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

1. Basic facts

A. On April 30, 2012, the Plaintiff concluded a construction contract regarding C reconstruction improvement project (hereinafter “instant construction contract”) by determining the amount of the construction contract as KRW 24,180,450,00, the period of construction, 20 months from the date of commencement of the construction work, and the method of construction as fixed shares method.

B. Under the instant construction contract, the Plaintiff completed the Incheon Seo-gu Ground E building pursuant to the instant construction contract, and each of the real estates listed in the separate sheet (hereinafter “each of the instant commercial buildings”) as part of the E building was registered on August 22, 2014 in F and G name.

C. On December 23, 2015, the decision to commence voluntary auction on each of the instant commercial buildings upon the application of the mortgagee H Co., Ltd. (hereinafter “instant auction procedure”), and on the same day, the registration of commencement of auction was completed. D.

In the instant auction procedure, the Defendant was sold each of the instant commercial buildings on April 19, 2018.

E. From September 25, 2018, the Defendant occupies each of the instant commercial buildings.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 3, the purport of the whole pleading

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) from July 17, 2014, which was before December 23, 2015, when the registration of commencement of auction on each of the instant commercial buildings was completed, the Plaintiff exercised a lien on the instant commercial buildings based on the claim for construction cost against C reconstruction and maintenance project cooperatives. However, the Defendant acquired ownership on each of the instant commercial buildings at the instant auction procedure, and deprived the Plaintiff’s possession on September 25, 2018. Accordingly, the Plaintiff demanded the return thereof to the Defendant who occupied each of the instant commercial buildings pursuant to Article 204 of the Civil Act. (2) The Plaintiff did not have any possession of each of the instant commercial buildings at the time of the Defendant’s decision of commencement of auction, and there was no lien on each of the instant commercial buildings.

Therefore, the plaintiff's claim on the premise of the right of retention.