1. The judgment of the court of first instance is modified as follows.

Each real estate recorded in the attached real estate list shall be transferred to the defendantB.

1. The reasoning for this part of the facts admitted by the court is that paragraph (1) is the same as the reasoning of the judgment of the first instance, unless the following is added to the grounds for the judgment of the first instance, which are the following:

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

G. On December 16, 2016, with respect to the right to collateral security in the name of the Plaintiff on each of the instant real estate, the supplementary registration prior to the right to collateral security was completed in the name of the Plaintiff’s succeeding intervenor, and the Plaintiff’s succeeding intervenor applied for intervention on February 21, 2017.

On the other hand, the Plaintiff withdrawn from the instant lawsuit on May 18, 2017, and the Intervenor succeeding to the Plaintiff and the Defendant

5. 19. At the third day of pleading of this Court, the plaintiff consented to withdrawal of the lawsuit.

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2. Determination as to the claim of this case

A. A. The summary of the party’s assertion (1) The plaintiff succeeding intervenor filed a lien of this case, claiming that B had a claim for construction cost of KRW 136,000,000 against B (hereinafter “claim for Construction Cost of this case”) at the auction procedure of this case, and that the plaintiff succeeding intervenor reported the lien of this case as the secured claim.

However, there is no evidence that there is no claim for the construction cost of this case or that there is no evidence to acknowledge the amount of the claim.

Therefore, the plaintiff succeeding intervenor seeks confirmation of the absence of the lien of this case in order to exclude the defendant from exercising the right of retention.

(2) A around September 2013, Defendant B agreed to pay the construction price to the Defendant within three months from the date of completion of the lease of the factory building (hereinafter “instant factory building”) constructed on the land listed in the attached Table No. 2 of Real Estate List No. 2 (hereinafter “instant building”) to the Defendant, once the Defendant leased the factory building on the land listed in the attached Table No. 2 of Real Estate List No. 2 (hereinafter “instant factory building”) to the Defendant.

(B) Accordingly, the Defendant concluded a contract with F on September 1, 2013 for the construction work of this case at KRW 136,194,215.