A. The Plaintiff acquired the right to collateral security on the attached real estate in progress of the auction procedure from the Nonghyup Bank Co., Ltd. (hereinafter “the instant voluntary auction”).

B. On March 31, 2014 and April 3, 2014, the Defendant asserted that the Defendant, at the time of the investigation into the execution officer’s status with respect to the attached real estate, has been exercising the right of retention in order to preserve the transport expense claims against the CMMethyl Co., Ltd. (hereinafter “CMMethyl”), the owner of the attached real estate, while possessing two containers located on the ground specified in attached Table 1 at the time of the investigation into the execution officer’

[Ground for recognition] No. 6 does not dispute, or written evidence No. 6

2. In a lawsuit for the confirmation of existence of a lien, where the plaintiff first asserts that the fact that the cause of the right occurred is denied, the defendant, the right holder, is liable to assert and prove the fact that the right holder is the requisite of the right relationship. Thus, in this case, the defendant, who claimed as the lien holder, must prove and prove the existence of the secured claim that is the requisite of the lien and the requirement of the establishment of the right, such

3. The assertion and judgment

A. The Defendant’s assertion that the Defendant has a claim for the transportation cost of KRW 58,00,000 for MMMethyl. He listens to the horses that possess the relevant machinery and scrap metal until he/she is paid transportation cost, and he/she is in possession of 2 containers from January 20, 2014 after installing 2 containers on the ground of the attached Form 1 and occupying the attached real estate.

B. Determination 1) A person who possesses an article or securities of another person has the right to retain such article or securities until the time when the claim arising in respect of such article or securities becomes due (Article 320(1) of the Civil Act and Article 320(1) of the Civil Act shall possess the article claiming the right of retention in order to establish the right of retention, and the secured claim shall be a claim arising in respect of such article.