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A. C Co., Ltd. (hereinafter “C”) received a voluntary decision to commence auction on October 7, 2016 from the collateral security (hereinafter “instant collateral security”) established with respect to each real estate listed in the separate sheet owned by D (hereinafter “D”) (hereinafter “each real estate of this case”).

(1) The court E, hereinafter referred to as the “instant auction”). (2)

C On December 7, 2016, a mutual agreement was concluded on asset acquisition with F Co., Ltd. (hereinafter “F”) to sell the instant collateral-backed claims. The Plaintiff, a limited liability company specialized in asset-backed securitization established under the Asset-Backed Securitization Act, acquired the rights and obligations of the purchaser under the said asset acquisition agreement from F on December 28, 2016, and C consented thereto.

In relation to the above asset acquisition, the procedure related to the registration of asset acquisition and the public announcement in newspapers was conducted, as prescribed by the Asset-Backed Securitization Act.

C. In the instant auction procedure, the Defendant filed a lien on each of the instant real property by asserting that: (a) concluded a construction contract with D on May 1, 2015; and (b) had a claim for construction cost of KRW 490,000,000 with respect to the civil engineering works, interior works, and electric power plant construction works, etc. of each of the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence, Gap evidence 1, Gap evidence 2-1, 3, 4, Gap evidence 3-1, 2, Gap evidence 9-1 through 16, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Defendant did not hold the claim for construction price against D, and even if the Defendant’s claim for construction price is recognized, there is no right of retention of the Defendant on each of the instant real estate since the Defendant did not occupy each of the instant real estate. 2) The gist of the Defendant’s assertion that the Defendant concluded a construction contract with D and paid the construction price, but D did not pay the construction price. Accordingly, G, the representative director of D, on August 2016.