1. Of the instant lawsuit, the part of the claim for the confirmation of existence of lien against Defendant D is dismissed.

2. Defendant B shall be the Plaintiff.

1. Facts of recognition;

A. On February 5, 2018, upon the application of Suwon District Court E Co., Ltd. for each real estate listed in the separate sheet owned by Defendant C, the auction procedure for real estate was commenced on February 5, 2018. The Plaintiff was awarded a successful bid for each real estate listed in the separate sheet at the above auction procedure and completed the ownership transfer registration in the Plaintiff’s future on December 21, 2018.

B. On May 3, 2018, Defendant D submitted a lien report to the effect that in the above auction procedure, Defendant D exercises a lien based on the claim for land creation price of KRW 340 million at the auction court.

C. Among the real estate listed in the attached Table 3, there is a container stuff installed by the Defendant B on the ship that connects each point of (i) part of (ii) 24, 25, 26, 27, and 24 of the same drawings, which are indicated in the attached Table 20, 21, 22, 23, and 20, among the real estate listed in the attached Table 3, each point of which is indicated in the attached Table 24, 25, 26, 27, and 24; and (iii) part of (b) 18,00 square meters of the same drawings; and

The Defendants asserted that the above containers are owned by Defendant D with a view to exercising the right of retention. However, as seen earlier, it is difficult to recognize that Defendant D performed land creation and tree planting construction, and it is difficult to deem that Defendant D commenced possession of land as a lien holder prior to the commencement of the above auction. As such, it is difficult to view Defendant D as a container installed to exercise the right of retention.

Attached Form

The rent from December 21, 2018 to April 13, 2020, which is the appraisal date, is KRW 29,312,00, and the subsequent rent is KRW 1,857,00 per month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 13, 17, 21, and 24 (including virtual numbers), appraiser G, and H's appraisal result, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts of the above recognition of the claim against the defendant B, the defendant B was installed in each real estate listed in the separate sheet owned by the plaintiff.