1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

1. Basic facts

A. On April 29, 2013, the Plaintiff was awarded a successful bid for land E, E, 500 square meters of land and buildings on its ground (hereinafter “instant building”) in Kimpo-si, Kimpo-si, the Incheon District Court’s branch support C and D real estate rental auction on April 29, 2013. The Defendant is a person who exercised a lien on the instant building at the time of the said successful bid.

B. Around February 2014, the Plaintiff and the Defendant agreed to waive the right of retention instead of receiving KRW 232,500,000 from the Plaintiff. The Plaintiff and the Defendant: (a) released possession of the real estate subject to the right of retention; (b) collected all the things placed on the said real estate and its display cards; and (c) delivered the said real estate to the Plaintiff.

(hereinafter referred to as “instant agreement”). C.

On May 2, 2014, the Plaintiff sent to the Defendant a content-certified mail that contains the contents of the request for remuneration, since the instant building was destroyed by careless care.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 4-3 and the purport of whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Defendant, according to the instant agreement, was obligated to collect the things placed on the instant building as soon as possible and deliver the instant building to the Plaintiff, but not only delivered the instant building to the Plaintiff at the beginning of June 2014, but also, while occupying the instant building as the lien holder, the Defendant breached the duty of due care and good faith under Article 324 of the Civil Act, thereby causing damage to the wall board, the happy language, etc. of the instant building.

Therefore, the Defendant’s damages amounting to KRW 7,55,00 (= ① repair cost for the removal of things placed on the road and the destruction of facilities ② 4,500,000 as the performance of the duty to deliver the building of this case was delayed for three months, and damages for delay therefrom (=one-month rent for the building of this case 1,50,000 x three months) and damages for delay.