1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The plaintiff's remaining claims are dismissed.

3...

1. Facts of recognition;

A. On October 22, 2014, the Plaintiff: (a) won a building listed in the separate sheet (hereinafter “instant building”) at the auction procedure for real estate C (hereinafter “instant auction procedure”); (b) paid the price in full; and (c) completed the registration of ownership transfer on November 13, 2014.

B. As of the date of closing argument of the instant case, the Defendant asserted a lien and possessed the instant building.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 4 and the purport of whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the defendant is obligated to deliver the building of this case to the plaintiff, the owner of the building of this case, unless there are special circumstances.

The Plaintiff sought payment of money calculated by the ratio of KRW 1 million per month from October 22, 2014, the date of acquisition of Plaintiff’s ownership, to the date of completion of delivery of the instant building, as to the instant building due to damages suffered by the Plaintiff due to the Defendant’s unlawful possession.

However, there is no evidence to prove that the plaintiff suffered damages of one million won per month due to the defendant's illegal possession.

The plaintiff's assertion on this part is without merit.

B. On June 10, 2010, the Defendant: (a) received a contract for the extension of the instant building from the former owner D on and around August 2010; (b) the construction was completed; (c) the Defendant did not receive KRW 160 million out of the construction cost. From January 2012, the Defendant: (a) occupied the foregoing construction remainder claim as a secured claim; (b) occupied the living room and room 1 column of the first floor of the instant building from January 2012; (c) exercised the right to retention of the instant building; and (d) from September 2014, the Defendant occupied the entire building of the instant building by attaching a paper stating the fact that the instant building was in the course of exercising the right to retention; and (b) exercised the right to retention by possessing the entire building of the instant building by attaching the paper stating the fact that it was in the course of exercising the right to retention.