1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Defendant’s exercise of the right of retention and transfer 1) The Defendant’s commercial building (hereinafter “instant building”) from B and two others on May 2, 2002 to C in Yongsan-gu, Seoyang-gu, Busan-si.

(2) On July 13, 2016, the Defendant concluded a contract with the following: (a) around February 2003, the construction of the instant building was completed; (b) around that time, the Defendant occupied the instant building through D, an executive officer or employee of the Defendant, and exercised the lien; (c) on July 13, 2016, the Defendant entered into a contract with D, under which the possession and lien of the instant building was entirely transferred to D, and the first floor, the second floor, the second floor, the second floor, the common area, the fourth floor, the fourth floor, the common area, the rooftop floor, the third floor, the common area, and the eight-story common area, and notified B, etc. of the transfer of the claim and lien.

B. The Plaintiff’s acquisition of ownership and provisional disposition prohibiting transfer of ownership are subject to a successful bid of 549.68/54 of the underground floor Nos. 1 and 401 of the fourth floor (attached Form 1; hereinafter “instant commercial building parts”) among the instant buildings in the process of public sale, and completed the registration of ownership transfer on July 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, 2, 23 (including branch numbers for those with provisional numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant exercises the right of retention while occupying the instant commercial part. As such, the Plaintiff, who is the sole owner of the real estate listed in the attached Table 1 among the instant commercial part and the share ownership of the real estate listed in the attached Table 2, seeks to transfer the instant commercial

3. Determination

1.(a)

In full view of the following facts and circumstances recognized in paragraph (3) and the purport of the entire pleadings, the Defendant shall be deemed to have taken account of the facts and the following facts and circumstances known: