1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

Attached Form

As to the real estate listed in paragraph 2 of the list, the defendant.

1. The plaintiff sought confirmation that there is no defendant's right of retention as to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter "the land in this case") and the building listed in paragraph (2) of the attached Table No. 2 (hereinafter "the building in this case" and the land in this case and the building in this case collectively referred to as "the real estate in this case"). However, the first instance court accepted only the claim for confirmation that there is no right of retention as to the land in this case and dismissed the claim for confirmation that there is no right of retention as

As the plaintiff appealed only, the scope of this court's trial is limited to the claim for confirmation of non-existence of lien on the building of this case.

2. Determination as to the claim for confirmation of non-existence of lien on the building of this case

A. Basic facts 1) A Co., Ltd. (hereinafter “B”).

(2) On May 11, 2007, the Plaintiff acquired the ownership of the instant land on May 11, 2007. In order to secure the obligation to pay loans to the Industrial Bank of Korea, the Plaintiff completed the registration of establishment of a collateral security on the instant land as the Seoul Southern District Court’s Gangseo District Court’s 32484, May 11, 2007, with the maximum debt amount of KRW 2,000,000,000, and the Industrial Bank of Korea as the mortgagee. (2) B completed the registration of establishment of a collateral security on the instant building as the receipt of April 17, 2009 by the Seoul Southern District Court’s Danam District Court’s 23825, the registration of establishment of a collateral security on the instant building was completed as the joint collateral established by the Industrial Bank of Korea on May 18, 2009.

3) As to the instant real estate, the Industrial Bank of Korea applied for a voluntary auction based on each of the above collateral security rights, and accordingly, on September 20, 201, to Seoul Southern District Court C, the voluntary auction of the instant real estate was commenced (hereinafter “instant auction”).

(4) On December 20, 201, the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) provided the Plaintiff with each of the instant real estates as well as the right to collateral security.