1. The defendant's lien on the ground business facilities and urban-type housing buildings (C) shall exist in Bupyeong-si.

1. Facts of recognition;

A. On July 11, 2016, the Plaintiff concluded a construction contract with the Defendant to newly construct business facilities and urban-type housing on the ground (hereinafter “instant construction contract”).

B. From July 2016, the Defendant had been performing construction works in Bupyeong-si B pursuant to the instant construction contract.

C. On September 20, 2017, the Plaintiff obtained approval for use from the vice-market for the new building of B ground (C building; hereinafter “instant building”).

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1 to 5, Evidence No. 3, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant did not occupy the instant building before and after the approval for the use of the instant building as to the gist of the Plaintiff’s assertion.

However, on November 2, 2017, November 4, 2017, the Defendant made the same appearance as exercising the right of retention by attaching a banner and a paper A4 to the effect that the instant building is under the exercise of the right of retention.

In the defendant's act, the plaintiff suffered difficulties in selling the building of this case, and the defendant is disputing whether the right of retention exists.

To seek confirmation that there is no lien on the instant building against the Defendant.

B. The summary of the Defendant’s assertion is to exercise the right of retention by occupying the instant building in relation to the payment of the construction cost of the instant construction contract.

3. Determination

A. The requirements for establishment of a lien under Article 320 of the Civil Act and the possession, which is the requirements for existence of a lien, are objectively related to the fact-finding of the person. At this time, the factual control is not necessarily limited to the physical and practical control of the object, but is not necessarily limited to the physical and practical control of the object, but should be determined in accordance with the concept of society in consideration of the temporal and spatial relationship with the object, the possibility of exclusion from control of others, etc.