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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion was that the Defendant entered into a new aggregate construction contract with C, Gyeong-si, Chungcheongnam-si, and the Defendant directly paid the obligation for the construction cost, and the claim for the construction cost occurred in KRW 146,263,00, and the lien was established on each land listed in the separate sheet owned by the Defendant with the preserved claim (hereinafter “each land of this case”).
2. Determination. A.
Article 320(1) of the Civil Code of the Civil Lien provides that “a person who has possession of another person’s property or securities has the right to retain such property or securities until the time when the claim arising in respect of such property or securities is due and due, shall have the right to obtain reimbursement.” Thus, the secured claim in the lien shall be “a claim arising in respect
(see, e.g., Supreme Court Decision 2011Da96208, Jan. 26, 2012). If a contractor who has built a new building occupies the building and has a claim for the construction cost incurred in relation to the building, the contractor has the right to attract the building until he/she is reimbursed the claim, but the contractor does not have a civil lien even on the site of the building.
(see, e.g., Supreme Court Order 2007Ma98, May 30, 2008). Since a claim for the construction of a loan for the payment of the construction cost claimed by the Plaintiff was generated, the establishment of a civil lien on the loan is a pleading, and it is for the purpose of increasing the utility of construction works on the land or the land, and it is not related to each of the lands of this case, and thus a civil lien is not established.
B. Article 58 of the Commercial Code provides that “When a claim arising from a commercial activity between merchants is due, the obligee may retain the things or securities owned by the obligor due to the commercial activity with the obligor until repayment is made.”
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