1. It is confirmed that there is no lien on the Defendants’ 5,000 square meters of C forest land at the time of Pakistan.

2...

1. Basic facts

A. The Plaintiff filed an application for voluntary auction of real estate with respect to the instant real estate as a mortgagee with respect to the instant real estate, who is a right to collateral security on C forest land 5,009 square meters (hereinafter “instant real estate”), with respect to the said real estate, for which the registration of the entry was completed on February 6, 2014.

B. On May 1, 2014, the Defendants asserted that with respect to the instant real estate during the instant voluntary auction procedure, the Defendants had a claim for construction cost of KRW 150 million (hereinafter “instant claim for construction cost”) with respect to the instant real estate, and reported a lien (hereinafter “instant lien”) with respect to the said real estate as the secured claim.

C. Meanwhile, Defendant A entered into a contract with Nonparty F, the owner of the instant real estate, on the condition that the site creation work for the instant real estate was contracted for KRW 350 million (hereinafter “instant construction”). On July 19, 2012, Defendant A renounced the Plaintiff’s exercise of all lien related to the instant construction and, upon the Plaintiff’s request, delivered the “written waiver of lien and on-site explanation” (hereinafter “written waiver of lien”) with the content of delivering the instant real estate without objection.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 and 5 (including provisional number), and the purport of the whole pleadings

2. Determination

A. Although the right of retention on the claim against Defendant A is a statutory security right, it is merely a means to secure a claim for the benefit of creditors, a special agreement waivering such right is valid. In the event that a prior waiver of a right of retention is made, the right of retention does not occur even if all other statutory requirements are satisfied (see, e.g., Supreme Court Order 2010Ma1544, May 13, 201). In light of the fact that Defendant A delivered the instant written waiver to the Plaintiff, as seen earlier, the fact that Defendant A delivered the instant written waiver to the Plaintiff, even if so, the instant real estate is located.