1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff asserted that the Plaintiff and the passenger industry corporation had a claim for the construction cost of KRW 135,113,00 regarding the instant factory against the Defendant, while occupying the instant real estate with the said claim, and exercising a lien on the instant factory. However, in a lawsuit for confirmation of existence of a lien filed by a limited liability company specialized in the securitization of the instant plant against the passenger industry, which is a collateral for mortgage on the instant plant, the passenger industry corporation was recognized to have a lien on the instant claim of KRW 76,80,415 out of the said construction cost, so the Plaintiff sought confirmation that the Plaintiff had a lien on the instant factory against the Defendant to receive the remainder of KRW 58,312,585.

B. Determination ex officio, the lawsuit for confirmation is permissible as a legitimate lawsuit in the event that the Plaintiff’s right or legal status is in danger and in danger of being present in the Plaintiff’s right or legal status, and the judgment of confirmation is rendered most effective and appropriate in resolving the dispute, and it is recognized that there is no other valid and appropriate means except for the judgment of confirmation. However, insofar as the Plaintiff, despite exercising the right of retention as to the factory of this case, did not dispute the Plaintiff’s existence of the Plaintiff’s right of retention by seeking the delivery of the factory of this case against the Plaintiff, etc., it cannot be said that there is any apprehension and danger in the Plaintiff’s right or legal status. Thus, the Plaintiff cannot be deemed as a legal interest in seeking confirmation of existence of the

2. In conclusion, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.