1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 16, 2010, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from C.

However, on May 11, 2012, before the completion of the registration of ownership transfer with respect to each of the instant real estate, the Plaintiff filed a lien with Suwon District Court D regarding each of the instant real estate on May 11, 2012, and with Suwon District Court E on June 26, 2012, alleging that the auction procedure was commenced on the said real estate, and that the Plaintiff removed and removed each of the instant real estate in the auction procedure, and reported a lien against C as the secured claim for the construction cost.

B. Meanwhile, on January 6, 2016, the Defendant received the bid for each of the instant real estate at the above auction procedure, and filed an application against the Plaintiff for an order of delivery of each of the instant real estate with the Suwon District Court F, but the said application was dismissed on April 5, 2016.

C. Around March 16, 2016, the Defendant commenced possession of each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 12, 18, 19, Eul evidence 1-1 to 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that, although the plaintiff lawfully occupied the right of retention based on the right of retention for the removal and the claim for the construction cost of each of the instant real estate, the defendant asserts that he forcedly deprived of the plaintiff's possession, and thus, in order to return the possession of each of the instant real estate to the defendant, the plaintiff sought the delivery of each of the instant real estate against the defendant. Accordingly, the defendant asserts that the plaintiff's claim of this case is the same as the final judgment

B. (1) The contents of the final judgment, which became final and conclusive, have res judicata effect against a party and a court, and thus, it is binding not only to repeat the lawsuit but also to make any judgment inconsistent with the same, and it has become final and conclusive.