All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

1. The Plaintiff’s assertion that Defendant B’s exercise of the right of retention against the instant vessel was due to due care as a good manager in order to occupy the instant vessel by exercising the right of retention, and that the said vessel should not be damaged and neglected without due care, and thus, the vessel’s hull cannot function as a vessel because it was destroyed and corrosioned. Thus, the Plaintiff was entitled to file a claim for the extinction of the right of retention against Defendant B, and the instant complaint indicating the intent of the claim for extinguishment was served to Defendant B on September 14, 2020, and the Defendant B’s right of retention terminated. Accordingly, the Defendant Company lost the right to possess the said vessel, and thus, the Plaintiff is obligated to deliver the said vessel to the Plaintiff.

The argument is asserted.

2. According to the statements and images of Gap evidence Nos. 3 to 7, Eul evidence Nos. 1, 3 to 5, and 7 to 10, the following facts may be acknowledged:

A. Defendant B and Defendant D’s company operated by Defendant D, around March 2016, entrusted the repair of the instant vessel (including value added tax) owned by E (hereinafter “E”) from E (hereinafter “E”) and completed the repair on or around August 2016, but failed to receive part of the repair cost of KRW 422,763,00 (including value added tax).

B. In addition, on August 9, 2016, Defendant B agreed with F, a joint guarantor of E and E, to receive repair costs of KRW 147 million by October 31, 2016, and completed a fair deed.

(c)

After that, Defendant B filed an application for compulsory auction (this court G) against the instant vessel with the authority to execute the pertinent process certificate as a result of failure to receive repair cost. The Plaintiff purchased the instant vessel in the said auction procedure and paid the price on August 24, 2018, thereby owning the instant vessel.