1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim claim changed from the trial, is as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for the judgment that the court should explain this part of the facts of recognition is as stated in Paragraph (1) of the judgment of the court of first instance, except for adding "The Reasons for the Auction Procedure of this case" to "the auction procedure of this case" (hereinafter referred to as "the auction procedure of this case"), the third part "the auction procedure of this case" as "the auction procedure of this case", the fourth part "No. 4" as "No. 4, 17, 18, and 19", and the second part "Cheongju District Court" as stated in Paragraph (1) of the judgment of the court of first instance, and the second part "the Reasons for the Auction Procedure of this case" as stated in the main sentence of Article 420 of the Civil Procedure Act shall be cited as it is in accordance with the main sentence of Article 420 of the judgment of the court of first instance.

2. Determination on the main claim

가. 원고의 주장 원고는 이 사건 토지 및 건물의 신축공사를 한 시공사로서 엘벧엘건설에 대하여 공사대금채권을 가지고 있고, 2012. 4.경부터는 원고의 직원을 통하여, 2013. 3. 20.경부터는 F 등을 부동산 관리인으로 고용하여 이 사건 토지 및 건물을 점유하여 왔는바, 원고는 이 사건 토지 및 건물에 관하여 위 공사대금채권을 피담보채권으로 한 유치권을 가지므로 그 유치권이 존재한다는 확인을 구한다.

B. 1) As seen earlier, as seen in the part of the instant land, the Plaintiff merely contracted for the new construction of the instant building, and the Plaintiff appears to have claimed the claim for construction cost under the said new construction contract as the secured claim of lien. However, even based on the Plaintiff’s assertion and evidence submitted by the Plaintiff, it is not recognized that the Plaintiff has a claim that can be the secured claim of lien on the instant land. Therefore, the part claiming a lien on the instant land among the Plaintiff’s assertion is without merit without any need to further examine. 2) In the real estate auction procedure, the purchaser of the instant building at the real estate auction procedure.