1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

1. Basic facts

A. On December 23, 2010, the Plaintiff received from the Industrial Bank of Korea a transfer of the right to collateral security against the land owned by the Industrial Bank of Korea in the attached Form No. 1283 square meters and 284 square meters in Ansan-si, including the real estate (hereinafter “the instant building”) located in the Gandong-si, the Gandong-si, the Gandong-si, and the Gandong-si, the Gandong-si, the Gandong-si, the 286 square meters in size and 3700 square meters in a

B. The Plaintiff filed an application for the auction of real estate rent to A with the Daegu District Court, a Dong-dong branch of the Daegu District Court based on the above collateral security as he/she was unable to repay the secured debt of the above collateral, and the decision on commencement of auction was issued by the above court on September 18, 2014, and the entry registration was completed on the same day.

C. On the other hand, on November 1, 2009, the Defendant entered into a lease agreement with Ansan on the instant real estate with a deposit of KRW 1,000,000, monthly rent of KRW 3,000,000, and the period from November 1, 2009 to ten years (hereinafter “instant lease agreement”).

In the above auction procedure, if the Defendant spent KRW 68,630,723 to the construction cost for the instant real estate, such as electric installation works, waterproof construction works, and pipeline construction works, the Defendant reported the lien that each of the above claims has the right of retention on the instant real estate, by asserting that the said amount constitutes necessary and beneficial expenses, and that the lessee’s right to claim reimbursement for the necessary and beneficial expenses under Article 626(1) and (2) of the Civil Act exists as the secured claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted 1 of the parties, since the defendant at the time of the lease contract in this case entered into a special agreement to waive the right to demand reimbursement of expenses, the defendant's right to retention on the real estate in this case does not exist, and further, the right to demand reimbursement of expenses