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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The instant factory building on B 3,342 square meters of land for factory and its ground was owned by C Co., Ltd. (hereinafter “C”). On October 11, 2013, the National Bank, the mortgagee of the right to collateral security regarding each of the said real estate, filed an application for voluntary auction, and the decision to commence voluntary auction procedure was made on October 1, 2013 (hereinafter “decision to commence voluntary auction procedure”), and the registration of the decision to commence voluntary auction procedure was completed on the same day. The Defendant paid the sale price on September 5, 2014 as the purchaser of the instant voluntary auction procedure.
B. On December 24, 2013, when the voluntary auction procedure of this case was in progress, the Plaintiff submitted a lien registration statement to the auction court. The said report states that the Plaintiff reported the lien on the basis of the total sum of KRW 50,000,000,000,000 and the outstanding amount that the Plaintiff received as payment for the construction work and KRW 49,000,000,000,000.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 2-1, the purport of the whole pleadings
2. On May 15, 2013, the Plaintiff entered into a construction contract with C by setting the construction cost of KRW 99 million with respect to the extension of the instant factory building and the installation of a warehouse in front of the office of the said factory building (including value added tax) and completed the construction work on August 2013. A promissory note in the face value of KRW 50 million paid by C as part of the construction cost was rejected, and the remainder of the construction cost was not paid by C.
Therefore, the plaintiff is exercising the lien while occupying the factory building of this case with the claim for the above construction cost as the secured claim. Since the defendant contests the plaintiff's lien while denying the plaintiff's lien, it is sought to confirm that the right of retention exists with respect to the above factory building as the secured claim.
3. At first, the Plaintiff was to C.