A. On September 12, 2016, upon the application of the Non-Party New Bank Co., Ltd. (hereinafter “New Bank”), the mortgagee, filed a lien registration statement by asserting that the Defendant, who was the son on October 26, 2016, filed a lien claim amounting to KRW 85 million against the Non-Party B Co., Ltd. (hereinafter “Non-Party”) as the secured claim for the construction cost of each of the instant real estate, as the secured claim.

B. The new bank transferred the right to collateral security and secured claim on each of the instant real estate to the Non-Party L&A Co., Ltd. (hereinafter “IFA”).

C. Under the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”), the Defendant, a company established with the aim of carrying out asset-backed securitization business in accordance with the asset-backed securitization plan, which shall be registered with the Financial Services Commission, took over all rights, obligations, and contractual status of a purchaser under the asset-backed securitization agreement.

To the Governor of the Financial Supervisory Service, the new bank registered, respectively, an asset-backed securitization plan concerning assets containing all of the collateral security and secured claims on each of the instant real estate.

(A) The Defendant acquired the right to collateral security of each of the instant real estate from a new bank without the registration of transfer of mortgage in accordance with Article 8(1) of the Asset-Backed Securitization Act (hereinafter “Property-Backed Securitization Act”).

2. The assertion and judgment

A. The Plaintiff did not have a right of retention for the Defendant to execute construction works on each of the instant real estate, and thus there is no right of retention for the Defendant to claim construction works on the non-party company as the secured claim.