1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff (Counterclaim Defendant).

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, but filed a lien on each of the instant real estate before obtaining the registration of ownership transfer of each of the said real estate, with the Suwon District Court D on May 11, 2012, and with the Suwon District Court E on June 26, 2012 (hereinafter “instant auction procedure”). On July 22, 2014, the Plaintiff filed a lien on each of the instant real estate, asserting that the removal and test was conducted on each of the instant real estate, and filed a claim for the construction cost against C as the secured claim.

B. Meanwhile, on January 6, 2016, the Defendant received the bid for each of the instant real estate in the said voluntary 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 1, 2, and 5 (each number is included; hereinafter the same shall apply), Eul evidence 1, 2, and 5, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff asserted that the Plaintiff purchased each of the instant real estate on November 201, 201 and performed removal and interior works on each of the instant real estate. Since the Defendant occupied the instant real estate from March 16, 2016, the Plaintiff occupied the Plaintiff’s possession until March 16, 2016, and the Plaintiff has the right to claim the return of each of the instant real estate against the Defendant pursuant to Article 204 of the Civil Act, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. The plaintiff alleged by the defendant was merely a purchaser of each of the real estate in this case and did not directly construct each of the real estate in this case or actually possess each of the above real estate, and the defendant has lawfully commenced possession as the owner of each of the real estate in this case, and the defendant is the plaintiff.