1. The plaintiff's claim is dismissed.

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

Facts of recognition

On December 23, 2013, the Plaintiff was awarded a contract for new construction, root, manufacturing, military unit, and civil works of KRW 269,00,000,00 for each of the new factories listed in the separate sheet 5, 6 (hereinafter “each of the instant buildings”) on each of the lands listed in the separate sheet 1 through 4 (hereinafter “each of the instant lands”).

On December 9, 2014, the procedure for compulsory auction was initiated as Daejeon District Court Branch C for the land of this case, and the procedure for voluntary auction was initiated on January 7, 2016 with respect to each building of this case by the same court D and E (Dupl).

On December 23, 2014, the Plaintiff reported the right of retention by asserting that the claim for construction cost against the non-party company was KRW 187,00,000.

On August 9, 2017, the Defendant was awarded a successful bid on each of the instant real estate, and on November 29, 2017, issued an order to deliver real estate on each of the instant land to Daejeon District Court Seosan BranchF.

Therefore, the Plaintiff appealed, but the appeal was dismissed on June 14, 2018 (Seoul District Court 2017Ra585), and the Supreme Court dismissed the reappeal on September 18, 2018 and the order of extradition (2018Ma5333) became final and conclusive.

(2) The Plaintiff asserted that the delivery order of this case was unlawful since the Plaintiff occupied the real estate of this case from December 23, 2013 to preserve the construction cost of KRW 187,00,00,00, in order to compensate for the damages of KRW 187,00,00,00 in the entirety of the pleadings, as the Plaintiff did not have any dispute with the grounds for recognition. The delivery order of this case was based on the invalid lien waiver note, and thus, it is unlawful.

As to this, the defendant did not have the plaintiff's claim for construction price, or the plaintiff did not possess each of the real estate of this case before the registration of the compulsory auction decision.