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1. It is confirmed that the defendant's lien does not exist as to the real estate stated in the annex.
2. The costs of lawsuit shall be.
Reasons
The Plaintiff, as the owner of the real estate indicated in the order, ordered the remodeling work to the Oral Industry, and the Defendant was awarded a subcontract for the construction of the interior light weight partitions from the Oral Industry. However, since February 2015, the Defendant asserted that the Oral Industry waived the construction work and the Defendant had a lien on the said real estate construction work, the Defendant left a banner on the wall to the effect that the interior partitions inside the real estate in the real estate is "the exercise of a lien" on the wall or "under the exercise of a lien." Meanwhile, from the beginning of April 2015, the fact that from the first day of April 2015, the construction work is being carried out after the possession and use of the said real estate by another construction business operator who is not the Defendant does not dispute between the parties, or that it is recognized by each description and image of evidence A, No. 1, 2, 4, and 6 (including the serial number).
A right of retention shall be extinguished due to the loss of possession, as the possession of the object is the requisite for its establishment.
(Article 328 of the Civil Act). According to the above facts, even if the defendant deemed possession of the above real estate from February 2015 to recognized the occurrence of a lien, as alleged by the defendant, the defendant lost possession at the beginning of April 2015, and as long as no evidence exists to deem that the defendant returned possession again, the defendant's right of retention shall be deemed extinguished at that time.
Thus, the defendant's right of retention on the above real estate does not exist, and the defendant asserts that he is the lien holder, so the plaintiff has a benefit to seek confirmation.
Therefore, the plaintiff's claim of this case seeking its confirmation is justified and it is so decided as per Disposition.