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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
1..
Reasons
1. The reasons why the court should explain this part of the basic facts are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. The plaintiff asserts that there is no right of retention for each of the instant real estate in the position of the mortgagee as to each of the instant real estate, and that the plaintiff sought confirmation of the absence of such right of retention, and that the defendant was awarded a subcontract for the extension of each of the instant real estate from C, and that part of the instant real estate (not the part extended by the said extension work executed by the defendant) has been occupied since September 1, 201 because it did not receive construction cost of KRW 250 million, and that the defendant acquired commercial lien for each of the instant real estate from September 1, 201.
B. Determination 1) In a case where a creditor’s commercial lien has already been established with respect to real estate owned by the debtor, the commercial lien holder may oppose the debtor and his/her subsequent debtor against the acquisition of real estate or against the person who has been established a limited real right, but may not oppose the commercial lien against the purchaser who acquired the real estate in the voluntary auction procedure based on the preceding mortgage (Supreme Court Decision 2010Da57350 Decided February 28, 2013). Examining the above facts of recognition in light of the aforementioned legal principles, the Defendant, as alleged, acquired the commercial lien with respect to each of the instant real estate on September 1, 201.
However, since each of the instant real estate was established prior to that, the Defendant is in relation to the Plaintiff or the purchaser who acquired each of the instant real estate during the voluntary auction procedure based on each of the instant collective security interests.