A. The Korea Savings Bank (hereinafter “Korea Savings Bank”) was established, respectively, as a creditor against B, with respect to each real estate listed in the separate sheet as a creditor against B (hereinafter “each of the instant real estate”). On June 5, 2009, the mortgage amount of KRW 480,000,000 is the maximum debt amount, and the mortgage amount of KRW 130,000,000 is the maximum debt amount on July 16, 2010.

B. On February 28, 2013, the Korea Savings Bank was appointed as the bankruptcy trustee by the Daejeon District Court 2013Hahap2, and the Plaintiff was appointed as the bankruptcy trustee.

C. The Plaintiff applied for a voluntary auction of each of the instant real estate to Chuncheon District Court A (hereinafter “instant auction”) and received a voluntary decision on commencement of auction on April 30, 2013, and the entry registration of the decision on voluntary commencement of auction was completed on the same day.

On August 21, 2013, the Defendant reported the right of retention to the effect that he/she has a claim for construction cost equivalent to KRW 302,00,000 against B in the auction procedure of this case.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence Nos. 1, 4, 6, 10 (including branch numbers), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's assertion that the defendant filed a lien in the auction procedure of this case in the absence of a false claim for the construction price against B, and did not continue to possess or manage the buildings listed in the attached Table No. 2 (hereinafter "the building of this case"), so there is no lien on the building of this case to the defendant.

B. The Defendant asserted that the instant construction was completed by being awarded a contract for the interior works and installation works of the instant building (hereinafter “instant construction”) from B on September 17, 201, in the amount of KRW 300,000,000 of the construction cost, but has not yet been paid the construction cost. In order to preserve the claim for the payment of the said construction cost, the Defendant had lawfully occupied the instant building from before the date of completion of the registration of the entry of the decision on commencing the instant construction to preserve the claim for the said construction cost, and thus, the Defendant possessed