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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. On October 11, 2012, the Plaintiff: (a) in the case of each building listed in the attached Table No. B, as indicated in the attached Table No. B, in order to secure a loan claim of KRW 1,200,000,000 against B, the Plaintiff shared shares of KRW 1/2; (b) but (c) provided all of the buildings as security to the Plaintiff.
(2) On October 1, 2012, each of the instant real estates was completed on October 201, 201 with regard to each of the instant real estates as joint collateral (hereinafter “each of the instant real estates”). The establishment registration of a collateral (hereinafter “instant collateral”) was completed on October 1, 201, with regard to each of the instant real estates worth KRW 1,560,000,000.
B. On January 22, 2014, the Plaintiff filed an application for voluntary auction of each of the instant real estate with the instant court C, and received a decision on voluntary auction from the said court (hereinafter “instant auction procedure”).
C. On July 8, 2014, the Defendant asserted the claim for construction cost of KRW 290,000,000 against B in relation to each of the instant real estate in the instant auction procedure and filed a lien report.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including provisional number), Gap evidence 3-1, the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The plaintiff's assertion 1) The defendant's right of retention does not exist, and as long as the defendant contests the existence of the right of retention, the plaintiff has the interest to seek confirmation in order to prevent the risk of lowering the amount of dividends to the plaintiff due to low-price successful bid in the auction procedure of this case. Thus, the defendant's assertion 2) around July 2009 between D and D, the former owner of each of the real estate of this case, the defendant decided to gratuitously reside for seven years from the time when the remodeling work is completed, instead of making remodeling at the defendant's expense for each of the real estate of this case.