1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. On July 7, 2009, the Plaintiff entered into a special agreement on the reservation of ownership to the effect that the ownership is the Plaintiff until the air conditioners are fully paid for air conditioners and air conditioners, while installing air conditioners and heating systems equivalent to KRW 56.9 million for buildings E located in luminous C and D (hereinafter “instant building”) for which the non-party foundation is newly constructed with the non-party medical corporation B (hereinafter “non-party medical corporation”).

The Plaintiff completed the installation of air conditioners and heating pipes on the instant building.

However, the procedure for compulsory auction on the instant building was initiated as to the Gwangju District Court's net f, G (du), and H (combined). On December 2, 2009, the Plaintiff reported a lien to the auction court with the claim for the price of goods at KRW 1,977,00 as the secured claim.

On June 1, 2011, the Defendant sold the instant building at the auction procedure and completed the registration of ownership transfer in its name on June 8, 2011, and removed the pipes installed by the Plaintiff (hereinafter “instant pipes”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff reported a lien to an auction court, and occupied the building of this case through the Plaintiff’s employees, and attached the instant pipe with the “sick during the lien exercise” to the pipe of this case.

However, the Defendant violated the Plaintiff’s possession by removing the pipe of this case and caused the Plaintiff to lose the right of retention.

B. In addition, the Plaintiff entered into a special agreement with Nonparty Foundation to withhold ownership of the supplied goods until the price for air conditioners was fully paid in full. The Defendant removed the instant piping and infringed on the Plaintiff’s ownership.

C. Therefore, the defendant is liable to the plaintiff for damages caused by the infringement of the right of retention or ownership and damages for delay.