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1. All the defendant-Counterclaim plaintiff's primary and conjunctive claims shall be dismissed;
2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.
Reasons
1. Determination as to the main claim
A. The gist of the Plaintiffs’ assertion was that the Plaintiffs occupied and managed each real estate listed in the separate sheet No. 1 and No. 2 from May 201 to June 7, 2015, and exercised the right of retention. On June 8, 2015, V andW, etc. were deprived of the Plaintiffs’ possession, and the Defendant Company, a special successor in bad faith, was obliged to deliver each real estate listed in the separate sheet No. 1 and No. 2 to the Plaintiff.
B. 1) In order to say that an object belongs to the factual control of the person under ordinary social norms, the possession refers to the objective relationship that shows that the object belongs to the factual control of the person under actual control, not to necessarily mean the physical and practical control of the object, but to be judged jointly in accordance with social norms by taking into account the time and space relationship with the object, the principal right relationship with the object, the possibility of exclusion from others' control. In a lawsuit for recovery of possession, it is exempted from examining whether the possession was occupied at the time of the allegation that the person was deprived of possession (see Supreme Court Decision 95Da8713, Aug. 23, 1996), and each building listed in attached Table 2 (hereinafter “each building of this case”).
In the process of occupying the building, the Defendant Company, a special successor in bad faith, has a duty to deliver each of the buildings of this case to the Plaintiffs pursuant to Article 204(1) and the proviso of Article 204(2) of the Civil Act (as to whether the Plaintiff occupied each of the lands listed in the separate sheet No. 1, it cannot be deemed that the land which became the site of the building is occupied by the owner of the building, and in this case, the owner of the building is deemed to have occupied the building.