The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. Article 320 of the Civil Act is the requirement for establishment of a lien and possession, which is the requirement for existence of a lien, refers to an objective relationship in which the object is deemed to belong to the factual control of the person in light of social norms. At this time, factual control is not necessarily limited to physical actual control, but should be determined in accordance with the concept of society in consideration of the temporal spatial relationship with the object, the relationship between principal and the person, the possibility of exclusion from control of others, etc.

Furthermore, the possession of the above provision includes not only direct possession but also indirect possession (see, e.g., Supreme Court Decisions 95Da8713, Aug. 23, 1996; 201Da44788, Oct. 24, 2013). The occupation assistant is a person who actually controls an object under the direction of another person in a relationship similar to the household affairs, business affairs, and other similar relations (Article 195 of the Civil Act). The business relationship in this context is generally based on an employment contract, but it may occur through various contractual relationships, such as delegation contract deposit, etc., and other similar relationships include all cases where it is deemed that the person assists in the possession of the object in light of social norms.

(See Supreme Court Decision 2010Da45920 Decided September 8, 201). 2. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following circumstances. A.

D. The instant construction business operator, including the instant store, was awarded a contract for fire-fighting and construction works of the instant condominium, stone construction, gypt construction, glass construction, etc. from G Co., Ltd., but did not receive the payment of the construction cost.

B. The Han-gu Mutual Savings Bank, the mortgagee of the instant aggregate building, occupies a sectioned building including the instant store.