1. Onboard (A) which connects each point of the annexed map Nos. 1, 2, 3, 4, and 1 in sequence among the land for factory B 1,648 square meters in e.g. (a).

1. Basic facts

A. On April 29, 2015, the Plaintiff completed the registration of ownership transfer on the ground of sale due to voluntary auction for the same day with respect to B 1,648 square meters of land for factory (hereinafter “instant land”).

B. Defendant A put up a banner called “in the course of exercising the right of retention” on the 99 square meters of a temporary object installed in the part of paragraph (a) of the attached Table Nos. 1, 2, 3, 4, and 1, connected each point of the instant land in sequence with the indication of the attached drawing among the instant land (hereinafter “the instant temporary object”), but did not occupy the present temporary object.

C. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) installed container gambling facilities (hereinafter “instant container gambling facilities”) on the part (B) part of 18m2 in the ship connected each point of the No. 5, 6, 7, 8, and 5 of the instant land among the instant land in sequence, and posted a banner “in the course of exercising the right of retention,” but does not currently possess the container gambling facilities of this case.

Grounds for recognition: Facts without dispute, A1, 3-7 (including the number with each number).

2. Determination

A. The claim against Defendant A was examined, possession was the requisite for establishing a lien and the requirement for the existence of a lien. As seen earlier, Defendant A did not possess the temporary object of this case.

Therefore, there is a claim against Defendant A regarding the land or the temporary facilities of this case.

Even if there is no lien on the temporary object of this case, and as long as the defendant A contests it, the benefit of confirmation is also the same.

B. As seen earlier, the claim against the Defendant Company was examined, and the Defendant Company did not possess the container stuff of this case. Therefore, there is a claim against the Defendant Company as to the land of this case.

Even if there is no lien on the above land, there is no lien.

Therefore, the Defendant Company without any title to the part of the instant container boxes out of the instant land.