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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 10, 204, the Plaintiff: (a) leased the instant real estate from the Korea Labor Welfare Foundation, which was the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the lease of the instant real estate on March 10, 2004, by entering into a contract with the Jinsan Foundation for the construction cost of KRW 50 million in order to prevent landslides, etc.; (b) completed construction work by entering into a contract with the Dongdong ENG Co., Ltd. for construction cost of KRW 300 million; and (c) in order to preserve and manage each of the instant real estate as a lessee of each of the instant real estate, the Plaintiff disbursed the necessary expenses and profit-making expenses of KRW 350,000,000,000 to C on March 8, 2004 and March 18, 2004.
In other words, the Plaintiff occupied each of the instant real estate as a lessee of the instant real estate, and acquired the right to demand reimbursement of the construction cost of KRW 350 million against the Jinsan Foundation, and the right to demand reimbursement of the necessary expenses and profit-making expenses for each of the instant real estate. As such, on November 21, 2012, the Plaintiff seeks confirmation of the existence of the right to retention against the Defendant who acquired the ownership by winning a successful bid in the auction procedure for the instant real estate.
2. We examine ex officio the legality of the instant lawsuit.
A lawsuit for confirmation is permitted as a legitimate lawsuit in the event that there is a danger existing in a right or legal status and obtaining a judgment of confirmation is the most effective way to resolve the dispute, and in addition, it is recognized that there is no valid and adequate means. Meanwhile, the right of retention is the right that the creditor may refuse to possess and deliver the article to the owner of the article until he/she is reimbursed for the claim created with respect to another person's article.
However, in full view of the contents of evidence No. 16-1, 2, and 3 of the evidence No. 16-1, 2, and 3, social welfare foundation.