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

Purport of claim and appeal

1...

A. On August 2, 2012, the Plaintiff, including a lending of money, lent KRW 2.5 billion to B on August 2, 2012 by determining the lending period of KRW 36 months, interest rate of KRW 2.5 billion as the change. On August 6, 2012, C, which is a fraud, completed the registration of the establishment of each collateral for each of the real estates listed in the separate sheet owned by C (hereinafter “instant real estates”) with respect to each of the real estates listed in the separate sheet owned by C as security for the said loan claim on August 6, 2012, as the registration office for the Goyang-gu Seoul District Court (hereinafter “the instant real estate”).

B. The Plaintiff filed an application for voluntary auction on January 20, 2015, when B did not pay interest on the above loan, thereby losing the benefit of the time due to the Plaintiff’s failure to pay the interest on the loan, and filed an application for voluntary auction with the Jung-gu District Court High Court Dayang Branch D (hereinafter “instant voluntary auction case”). On January 21, 2015, the Plaintiff received a decision to commence voluntary auction from the above court, and the entry registration was completed on the same day.

C. On September 21, 2015, the Defendant reported the right of retention of the instant real estate to the auction court of the instant voluntary auction case, which reported the right of retention of the instant real estate in which the claim for construction cost of KRW 613,36,000 against C is the secured claim. 2) The Defendant currently occupies the instant real estate.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3, 6, 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) Since there is no claim for the construction cost reported by the Defendant as the secured claim in the instant voluntary auction case, there is no lien on the instant real estate by the Defendant. 2) Even if the Defendant had a claim for the construction cost against C, the said claim has been completed three years since February 17, 2012, which was completed by the Corporation.

B. The defendant's summary of the defendant's assertion 1 is on the land of the attached list 1 through 3 from C.