1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The plaintiff's primary domicile and the plaintiff's primary domicile.

Basic Facts

On February 3, 2015, the Seoul Southern District Court E on February 3, 2015, decided to commence the voluntary auction of real estate on the instant land and the instant building owned by Co., Ltd. D (hereinafter “D”) upon the application of Co., Ltd., and the entry registration was completed on the same day.

After that, the Seoul Southern District Court rendered a decision to commence the auction of each real estate rent as F, G, H, J, and I, and each auction procedure was merged.

(2) On March 1, 2015, the Plaintiff reported the lien at the instant auction (hereinafter “instant auction procedure”). Around March 2015, the Plaintiff reported the lien at which the claim for construction price of KRW 368,167,140 on the instant building was the secured claim.

On June 27, 2017, the Defendant acquired ownership by fully paying the sale price after receiving a decision to permit the sale of the instant land and the instant building in the auction procedure.

[Ground of recognition] The Plaintiff’s assertion as to the primary claim for the purport of the entire arguments and evidence Nos. 1, 2, and 6 (if there are serial numbers, including each number; hereinafter the same shall apply) was awarded by KK Co., Ltd. (hereinafter “K”) on February 22, 2014, and the Plaintiff performed construction of the interior of the instant building from March 2, 2014 to May 2014. The Plaintiff has a claim for construction price equivalent to KRW 368,167,140.

In order to receive the above claim for the construction cost, the Plaintiff began to possess the instant building through L from mid-2014, and delegated the possession, etc. of the instant building to M on October 14, 2016. From July 24, 2017, the Plaintiff occupied the instant building through the Plaintiff’s employees, and thus, the Plaintiff has a lien on the instant building.

However, as the Defendant is disputing the existence of the above lien, the Plaintiff seeks confirmation against the Defendant as to the existence of the above lien.

Judgment

A right of retention shall be extinguished due to the loss of possession (Article 328 of the Civil Act), and shall be extinguished.