A. On the real estate listed in the separate sheet (hereinafter “instant real estate”), on December 26, 2018, the decision to commence compulsory auction was issued on December 26, 2018 upon the creditor D’s application for compulsory auction and the registration of the entry in the decision to commence compulsory auction was completed on the same day.

(hereinafter “instant auction procedure”). B.

In the instant auction procedure, the current status of real estate was conducted on January 7, 2019, and among the reports prepared according to the current status survey, the part of the possession relationship is stated as “the possession relationship: the United States.”

C. The Plaintiff entered into a loan transaction agreement with F several times from around 2015 to around 2017, and completed the registration of the establishment of neighboring mortgages and the establishment of superficies on the instant real estate in order to secure the said loan.

On January 8, 2019, the Defendant filed a lien registration statement with respect to the claim for construction cost equivalent to KRW 163,425,000 as preserved claim at the auction procedure of this case.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4, 6, 7, 9, 10 items of evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The content of the survey of possession relationship prepared at the instant auction procedure, and the Plaintiff’s visit to the site, as such, the Defendant did not possess the instant real estate. As such, there is no right of retention for the Defendant’s assertion. 2) The Defendant’s assertion that: (a) around June 2016, entered into a private transport contract with F, the owner of the instant real estate, on the instant real estate; and (b) continued construction from April 2017 to April 201, but did not receive construction cost of KRW 173,556,1

After the Defendant reported a lien after the decision to commence compulsory auction on the instant real estate, the Defendant occupies the instant real estate as the lien holder.

B. In the judgment 1-related legal doctrine, the Plaintiff’s claim is first specified and denied the cause of the occurrence of the obligation.