1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 28, 2007, the Defendant entered into a contract on the construction of the real estate (hereinafter “instant building”) on the attached list (hereinafter “instant construction”) to be constructed under a contract with the Jung River Construction Co., Ltd., Ltd. (hereinafter “SPS”), which was constructed under a construction contract with the Jung River Construction Co., Ltd. (hereinafter “SP”) (hereinafter “S”), with respect to the construction of the new construction of the instant building (hereinafter “instant construction”). On June 9, 2008, the Defendant occupied the instant building and the instant site and exercised a lien on the basis of the claim for the construction price for the Jung River, while occupying the instant building and the instant site.

B. Nonparty 1 acquired the ownership of the instant building site through public sale and deprived the Defendant’s possession. The Defendant filed a lawsuit of possession recovery against Nonparty 1, Inc., Ltd. (hereinafter “Nonindicted Company”) on August 17, 201 by filing a lawsuit of possession recovery with Suwon District Court KRW 2010Gahap2956 (hereinafter “Nonindicted Company”) and was sentenced to a favorable judgment on August 17, 201, and the said judgment became final and conclusive on December 24, 2014.

(hereinafter “final judgment of this case”). C.

Of the instant building, the ownership of Nos. 522, 523, and 615 (hereinafter “instant building”) was transferred from Nonparty Co., Ltd through Nonparty C to B&D. The Plaintiff completed the registration of ownership transfer of the said disputing real estate from A&D Co., Ltd on April 15, 2016 and on April 29, 2016, and acquired each ownership and possession thereof.

On July 6, 2010, the Defendant issued a provisional disposition prohibiting the transfer of real estate possession (hereinafter “instant provisional disposition prohibiting the transfer of possession”) against the non-party company on July 6, 2010, pursuant to the Suwon District Court Decision 2010Kadan1353 (hereinafter “instant provisional disposition prohibiting the transfer of possession”) and executed the instant provisional disposition on the 16th of the same month, and the Defendant on June 2017.