A. On March 14, 2012, Kusan Agricultural Cooperatives established the right to collateral security (hereinafter in this case’s land) with respect to the B-Y No. 2,816 square meters owned by Kusan Agricultural Cooperatives, Co., Ltd. (hereinafter “Non-Party Company”) and filed an application for voluntary auction based on the above right to collateral security (hereinafter “the right to collateral security”) and completed the registration of the initial decision on June 25, 2015, upon receipt of a voluntary decision to commence the auction with Jinwon District Court Jinju Branch D on June 24, 2015, the Plaintiff acquired the above credit and the right to collateral security from Kusan Agricultural Cooperatives and completed the registration of the transfer of the right to collateral security on July 25, 2016. < Amended by Act No. 13888, Jul. 25, 2016>

B. On March 26, 2014, Defendant (Defendant EF Co., Ltd.: Defendant EF Co., Ltd.) was awarded a contract for the construction of a factory on the ground of the instant land by Nonparty Co., Ltd. (hereinafter the instant construction work), and was not paid the construction cost, on the ground that he/she occupied the instant land as a lien holder on September 5, 2016 on the ground that he/she occupied it as a lien holder.

At the auction procedure described in the paragraph, the lien was reported with the amount of KRW 600 million as the secured claim at the auction court.

[Reasons for Recognition] Evidence Nos. 1 through 4 (including paper numbers), Evidence No. 1-1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the right of retention is not established since the Defendant did not occupy the above land from before the decision to commence the auction on the instant land to the present date.

B. The Defendant’s assertion that he was unable to receive the construction price from the non-party company on or after July 2014, the Defendant installed containers on the instant land from the day immediately after the suspension of the instant construction work, and occupied the instant land by having the vice president, G or its employees visit the construction site almost every day to visit the construction site and take feed, and have them remain at a low time. Thus, the right of retention may be established.