A. On August 25, 2003, Liby Energy Co., Ltd. (hereinafter “Liby Energy”) is a real estate [2,286m2,286m2 (hereinafter “instant land”) indicated in the attached Form on the National Bank of Korea Co., Ltd. (hereinafter “National Bank”).

(i)with respect to the registration of creation of a mortgage of the maximum debt amount of 650,000,000 won.

B. On June 27, 2014, the National Bank filed an application for the auction of real estate with respect to the instant land, etc. (building on the ground, and the aforementioned D land and machinery) with the Jeonju District Court B on June 27, 2014, and the said court issued a decision to commence the auction of real estate on June 30, 2014 and completed the registration of the entry of the decision to commence the auction of real estate on the same day.

After that, on November 20, 2014, the previous Jeju District Court E (Dual) rendered a voluntary decision to commence the auction on the instant land, etc., and the registration of the entry of the decision to commence the auction on the same day was completed.

C. On August 12, 2014, the National Bank concluded an asset transfer agreement with respect to Lhys Asset Management Co., Ltd. on the acquisition of assets with respect to Lhys Asset Management Co., Ltd., and on September 4, 2014, Mys Asset Management transferred all the rights and obligations of the transferor under the said asset transfer agreement to the Plaintiff. On the same day, the National Bank consented to the said transfer, and notified Lys Energy of the transfer on September 5, 2014.

On the other hand, on December 24, 2014, the Defendant submitted a lien report stating that it occupies the instant land in order to secure the said claim, as the Defendant did not receive the payment of KRW 67,200,000 for the automatic rent set up on part of the instant land at an auction court [the Jeonju District Court (B)].

[Judgment of the court below] The ground for recognition is without merit, Gap's entries and the whole pleadings

2. The parties' assertion

A. On May 2014, the Defendant asserted the Defendant’s right of retention, removed the Gu automatic washing machine of the LPG charging station located on the instant land between LPG charging station and LPG charging station.