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

The purport of the claim and the appeal shall be 1.

A. The ownership relationship between C and E Co., Ltd. (hereinafter “E”) of each real estate listed in the separate sheet Nos. 1 through 18 of the separate sheet is the owner of each real estate listed in the separate sheet No. 1, 396,950,000 (including value-added tax) and the contract for construction with E Co., Ltd. (hereinafter “E”) around November 2016.

2) The instant construction was completed around February 2018, and C completed the registration for the preservation of ownership on the real estate listed in Section 19 of the Attached Table No. 19 (hereinafter “instant building”) newly constructed by the instant construction on February 28, 2018.

B. On February 28, 2018, the Plaintiff completed the registration of the establishment of a right to collateral security and the commencement of a voluntary auction on the instant land and buildings (hereinafter referred to as “registration of creation of a right to collateral security”) with respect to the instant land and buildings owned by C, with the debtor’s maximum amount of claims KRW 1.76 billion (hereinafter referred to as “registration of creation of a right to collateral security”).

2) On December 2018, the Plaintiff filed an application for voluntary auction of the instant real estate (hereinafter “instant auction”) with the Daegu District Court Branch D, which was based on the foregoing right to collateral security D, and the said court decided to commence auction on December 11, 2018 and completed the registration of the entry in the decision to commence auction (hereinafter “registration of the instant auction”) on December 12, 2018.

(c)

On June 10, 2019, the Defendant reported the right of retention in the instant auction procedure on the ground that he/she received the claim for construction cost of KRW 1,134,627,000 (hereinafter “the claim for construction cost of this case”) regarding the said construction from E, who performed the new construction of the instant building on May 3, 2018.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence Nos. 1 through 4 (including various numbers), the purport of the whole pleadings

2. The parties' arguments.