1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. The Plaintiff is a legitimate lien holder who holds a claim for remodeling construction price of KRW 400,00,000 (hereinafter “instant claim for construction price”) against the Hoin Development Co., Ltd. (hereinafter “Gyeongin Development”) that was the owner of the instant store.

B. Meanwhile, on October 18, 2013, the Defendant acquired the ownership of the building indicated in the separate sheet, including the instant store, at the auction, and denied the Plaintiff’s lien and applied for an order of delivery to the instant store, thereby deprived the Plaintiff’s possession.

C. Therefore, the Plaintiff seeks confirmation of lien and delivery of the instant store against the Defendant.

2. Determination:

A. As to the claim for confirmation of lien, the Plaintiff asserted the instant claim for the construction cost as the secured claim regarding the instant store, but it is insufficient to recognize the fact that the Plaintiff currently holds the claim for the said construction cost only with the statement in the evidence No. 2, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s claim for this portion is without merit.

B. Next, in the part of the claim for the recovery of possession, there is no evidence to acknowledge that the Plaintiff illegally deprived of possession of the store of this case. Thus, the Plaintiff’s claim for this part of the claim is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the bench.