A. On February 25, 2019, the Defendant entered into a contract for leasing the instant real estate as indicated in the indication of the attached real estate from D Co., Ltd.

(1) The term of the instant contract is set up on February 28, 2020, and the term of the instant contract expires through Article 5, and the Defendant, a lessee, has restored the instant real estate to its original state and returned it to the said company, the lessor.

B. On August 7, 2019, the Plaintiff applied for a voluntary auction on the instant real estate as a mortgagee, and received a decision to commence the voluntary auction on August 7, 2019, and the subsequent procedures for the voluntary auction are underway.

(F) On October 7, 2019, the Defendant reported the lien of KRW 80,000,000,000,000 as the secured claim for the reimbursement of the expenses for interior and renovation works executed on the instant real property, as a result of the Changwon District Court Msan E and the following.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The agreement that the lessee of a building shall restore the building to its original state upon the termination of the lease relationship is a special agreement to give up in advance the right to demand reimbursement of various beneficial or necessary expenses incurred in the building. As such, the lessee cannot claim the right of retention.

(See Supreme Court Decision 73Da2010 delivered on April 22, 1975). The Defendant renounced the right to demand reimbursement of all kinds of beneficial or necessary expenses incurred in the instant real estate through the restitution agreement under Article 5 of the instant contract. As such, the Defendant, even if so, did not assert the right to demand reimbursement of all kinds of beneficial or necessary expenses incurred in the instant real estate, he/she did not

Even if it is possible to claim the right of retention for the construction cost as the secured claim.

As alleged by the Defendant, the instant contract is a temporary lease, and the instant contract is concluded.