1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On February 29, 2016, the Plaintiff entered into a mining contract with B on February 29, 2016, and was engaged in mining operations in the area of D Forest, etc. D (hereinafter “instant real estate”) owned by B, which was not paid KRW 522,317,501 in mining service costs from B to February 20917.

(hereinafter referred to as “instant claim”) the unpaid service cost claim. B.

On May 2, 2017, Daejeon District Court decided to commence rehabilitation procedures for B (2017 group group 4) and set the reporting period for rehabilitation claims and security rights from May 22, 2017 to June 12, 2017.

C. On June 12, 2017, the Plaintiff filed a report on rehabilitation security rights, stating the purpose of the rehabilitation security right as “the right to extract registration number E mining extraction rights” and the value of which is KRW 522,317,501, with the said rehabilitation court.

The Defendant, a custodian B, denied the Plaintiff’s above rehabilitation security right to the above rehabilitation court and submitted a Si/Gun/Gu seal sheet stating the rejection of the Plaintiff’s claim as the rehabilitation claim.

E. On February 2, 2018, the above rehabilitation court rendered a decision to authorize the rehabilitation plan B.

F. On April 16, 2018, the above rehabilitation court rendered a final inspection judgment on the rehabilitation security right that is proceeding upon the Plaintiff’s application, a decision that confirmed that the Plaintiff’s rehabilitation security right against B does not exist on the ground that “mining rights constitute a real right under the Mining Industry Act, which is not subject to a lien under the Civil Act” (2017da 503).

【Ground of recognition】 The fact that there is no dispute or significant fact in this court, Gap 1 through 3, 7, and 8, the purport of the whole pleadings and arguments

2. The gist of the plaintiff's assertion is that the plaintiff occupies the real estate of this case while mining according to the mining contract with B, and therefore, the plaintiff has commercial lien with respect to the real estate of this case as the secured claim.

Although the plaintiff filed a report on the rehabilitation security right against B, it shall be the same.