1. All of the plaintiffs' claims are dismissed.

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

1. The registration of initial ownership in the name of F on October 4, 2016 was completed on the commission of registration of provisional injunction with respect to the 146.67 square meters and 83.87 square meters on the 1st floor of single house of 146.67 square meters on the 2nd floor of the ground reinforced concrete structure (refinsive concrete roof) and the 2nd floor (hereinafter “instant building”).

The G Union, the mortgagee of the instant building, filed a voluntary auction on the instant building, and conducted the auction procedure (J). On June 13, 2019, the Defendant acquired the ownership of the instant building in the auction procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. On the other hand, the plaintiffs asserted that they have the right to attract the building of this case since they completed the new construction of the housing of this case, taking the construction cost of KRW 390 million into account the construction cost of the plaintiff A, and the plaintiff B completed the construction by obtaining a subcontract equivalent to KRW 160 million out of the construction cost of the plaintiff Eul, but did not receive the price.

In order to establish a lien, there exists a secured claim arising with respect to the object of the lien, there is a relation between the secured claim and the object of the lien, and the claimant must continue to possess the object. There is no evidence to acknowledge that the Plaintiffs continued to occupy the building of this case from the time when the construction is completed.

Rather, the plaintiffs are not only persons who currently do not occupy the building of this case, and if the whole purport of the pleading is added to each statement of evidence Nos. 1 through 3, the plaintiffs can be acknowledged as a final and conclusive fact that there is no lien on the building of this case from the above auction procedure to the I, J, etc. who claimed a lien on the building of this case.

(Seoul High Court Decision 2017Gahap165, Seoul High Court Decision 2018Na314, Supreme Court Decision 2018Da41122). Accordingly, the plaintiffs' lawful possession of the building in this case is recognized.