2. The costs of lawsuit shall be borne by the Plaintiff.

A. On July 5, 2016, the Defendant filed an application for compulsory auction of the instant building, etc. owned by C Co., Ltd. (hereinafter “C”) with the Changwon District Court D for a compulsory auction of real estate, and the said court rendered a decision to commence compulsory auction on July 6, 2016, and the record of the decision to commence compulsory auction was completed on the same day.

B. On July 27, 2016, the Plaintiff reported a lien of 200 million won on the instant building as the secured claim at the above auction procedure.

C. On May 22, 2017, the Defendant received a decision to permit sale of the instant building at the above auction procedure and paid in full the sales price. On September 29, 2017, the Defendant completed the registration of ownership transfer under the name of the Defendant as to the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6, 7, 16 (including the provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is as follows: (a) around May 10, 2013, the Plaintiff received a contract from C for fire-fighting facility works among the new construction works of the instant building; (b) performed from May 25, 2013 to May 2014; and (c) held a claim for construction cost equivalent to KRW 200 million.

The Plaintiff was directly or indirectly an internal director of E C from July 1, 2015 to receive the said claim for construction payment. A person who resigned from February 3, 2016. Since the Plaintiff began to occupy the instant dispute through B, the Plaintiff has a lien as to the instant dispute.

However, around August 2018, the Defendant deprived the Plaintiff’s possession and contests the existence of the above Plaintiff’s lien. As such, the Plaintiff seeks confirmation against the Defendant as to the existence of the above lien.

B. Determination 1) The relevant legal doctrine is extinguished due to the loss of possession (Article 328 of the Civil Act, even if the lien holder loses possession due to the deprivation of possession by another person, the lien ceases to exist, and even if the lien holder loses possession due to the deprivation of possession by filing a lawsuit for recovery of possession, the possession was not lost if he/she recovers possession by winning a favorable judgment.