1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. Cases in which this Court applies for the suspension of enforcement.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 15, 2009, the Plaintiff leased the lease deposit amounting to KRW 100 million, monthly rent of KRW 3 million, and from August 15, 201, the lease period of the said contract to KRW 181.7 square meters, which is the sum of the area of KRW 104, 105, and 106, of the first floor area of the building among the said real estate, from D, where the former owner of the building (hereinafter “instant real estate”).

B. As to the instant real estate, Daegu Bank Co., Ltd., a mortgagee, filed an application for voluntary auction with the Daegu District Court Seo-gu District Court Seo-Support E, and rendered a decision to commence auction on September 12, 2012. The Defendant sold the instant real estate in the said voluntary auction procedure (hereinafter “instant auction procedure”) and paid the price in full, and completed the registration of ownership transfer under the name of the Defendant on April 22, 2014.

C. After that, the defendant filed an application for the order of delivery of real estate with the above court B and received a decision to accept the application (hereinafter “the order of delivery of this case”). The plaintiff appealed against the decision, but the order of delivery of this case became final and conclusive by withdrawing the appeal after which the plaintiff appealed against the decision.

【Facts without dispute over the ground for recognition, Gap evidence 1, 5 evidence, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion ① At the time of the conclusion of the lease agreement on the part of the dispute, the Plaintiff agreed to pay the remainder construction cost for the part of the dispute, such as ceiling, floor, duct, electricity, etc., with D, on the first hand, the Plaintiff paid KRW 51,50,00 to the construction cost for the facilities, pipes, sculptures, waterproof, waterproof, electricity, and tesen, etc. Accordingly, the Plaintiff did not receive the payment from D.

Therefore, the Plaintiff is a lien holder who possesses the dispute portion based on the right to claim reimbursement of beneficial costs, and thus the Plaintiff can exercise the right to retention against the Defendant, the buyer of the instant real estate.