1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a person running landscaping C.

On April 14, 2011, the Plaintiff concluded a construction contract with construction cost of KRW 160,000,000 for landscaping and civil engineering works of a social welfare foundation E and a newly constructed medical care center located in Chungcheongnam-gun, Chungcheongnam-gun, and completed the construction contract.

B. As the Plaintiff did not receive the remainder of KRW 130 million out of the landscaped construction cost, the conciliation was concluded upon the Plaintiff’s representative F of social welfare foundation E’s claim for construction cost payment under Seoul Central District Court 2013 tea 57429 (2013Gahap9352), but it did not receive reimbursement of the construction cost or satisfaction of its claim through compulsory execution.

C. When a compulsory auction on real estate was conducted with respect to 7,620 square meters in Chungcheongnam-nam Budget Group D, a real estate owned by a social welfare foundation E, the real estate was reported to the lien holder and the provisional attachment holder in the above auction procedure. D.

On June 12, 2015, the Plaintiff, at the Defendant’s request, drafted a letter of waiver of right of retention (hereinafter “instant letter of waiver of right of retention”) stating that “I waive the exercise of right as a person who performed the new construction work of Social Welfare Corporation E (e.g., landscaping work), and the packing and landscaping work of Chungcheongnam-gun budget D. In any case, I would not raise any civil or criminal objection” (hereinafter “instant letter of waiver of right of retention”), and issued the Plaintiff’s certificate of personal seal impression.

E. The defendant D.

On the same day, the Plaintiff received a written waiver of the right of retention from the Plaintiff, and delivered the following written notes to the Plaintiff (hereinafter “instant written notes”).

The effect of each letter of waiver of lien and each copy of each certificate of seal impression submitted by C representative Plaintiff to the Defendant on June 12, 2015, which executed landscaping and surrounding civil engineering and packaging construction works to the Social Welfare Foundation E located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and Chungcheongnam-gun, respectively, shall be proved as valid at the time of compliance with the following agreements:

A. L. L. L.I.

1.D Location, Chungcheongnam-gun, Chungcheongnam-gun.