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1. It is confirmed that the defendant's lien as to each real estate listed in the separate sheet does not exist.
2...
Reasons
1. Basic facts
A. On April 24, 2009, the Plaintiff: (a) leased KRW 1,900,000 to Nonparty B on April 24, 201 as due date; (b) on February 18, 2010, KRW 150,000,00 as due date; and (c) on February 18, 2012, the Plaintiff leased each real estate listed in the separate sheet owned by Nonparty B (hereinafter “each of the instant real estate”) to secure each of the above loans; and (d) completed the registration of establishment of a mortgage on each of the instant real estate (hereinafter “each of the instant real estate”), as the receipt No. 40452, April 24, 2009; and (e) the registration office No. 12948, Feb. 11, 2010.
B. However, B failed to repay the principal and interest of the above loan to the maturity date, and upon the Plaintiff’s application for voluntary auction, the decision to commence voluntary auction of each of the instant real estate was rendered on May 13, 2016.
C. In the above auction procedure on May 15, 2017, the Defendant submitted a lien report stating that he/she shall exercise a lien on the said secured claim, on the ground that he/she had a claim for construction cost equivalent to KRW 235,00,000 with respect to each of the instant real estate as a lessee of each of the instant real estate from B.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including additional number; hereinafter the same shall apply), purport of whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that the Defendant did not present specific details of construction works or evidence on the expenditure of construction costs despite asserting a lien based on the claim for construction cost, and the secured debt claimed by the Defendant cannot be deemed as a claim arising with respect to each of the instant real estate, and cannot be deemed as a beneficial expense increased the objective value of the leased object. Even if it falls under family beneficial expenses, the Defendant bears the duty to restore to B at the time of termination of the lease agreement. Thus, there is no Defendant’s lien on each of the instant real estate.
(b).