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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In the instant case of voluntary auction by the court concerning each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) which was owned by the head of Howon, Co., Ltd. (hereinafter “head of Howon”), the Plaintiff received a successful bid of KRW 862,00,000 for each of the instant land, and paid the said sales price on August 12, 2010.
B. On the other hand, on October 23, 2009, the Defendant reported the right of retention with respect to each of the instant lands as secured claim on the ground that the Defendant had a claim for the term construction cost of KRW 870,000,000 as to each of the instant lands, such as construction cost, and interest thereon. On December 4, 2013, the Defendant filed an application for formal auction under the right of retention with this Court C as to each of the instant lands on December 4, 2013.
[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 3, 8, 9 (including branch numbers), the purport of the whole pleadings
2. The summary of the parties' assertion is that the defendant did not have any secured claim under the right of retention or that the defendant does not occupy each of the land of this case, and the above secured claim alleged by the defendant exists and the defendant occupies each of the land of this case.
Even if there is no relation between the above secured claim and each land of this case, and eventually, the defendant asserts that there is no right of retention for each land of this case, the defendant asserts that there exists a right of retention for each land of this case.
3. The following facts are acknowledged in full view of each description of Gap's 4 to 7, Eul's 10 evidence, Eul's 1 to 4, 7, 9, 10 to 12, 15 to 23, 27, and 28 evidence (including each number for those with serial numbers), and the whole purport of arguments:
(1) The defendant is a company engaged in civil engineering and construction as its main business, and on May 14, 2008, each of the land of this case, which was owned by the comprehensive logistics of the head of Howon.