A. On November 18, 2009, the non-party bank (hereinafter referred to as the "non-party bank") entered into a contract with respect to each of the real estate listed in the separate sheet owned by A (hereinafter referred to as "A") on November 18, 2009 (hereinafter referred to as "each of the instant real estate") to be created with a maximum debt amount of KRW 1.2 billion and a debtor to be created with a debtor, and completed the establishment registration of the neighboring mortgage by the Changwon District Court No. 57342 on the same day.

B. On June 16, 2010, the Defendant concluded a contract with the maximum debt amount of KRW 96 million with respect to each of the instant real estate owned by A, and concluded a contract with the debtor A to obtain the establishment of a collateral security right with the debtor A, and completed the establishment of a collateral security right on June 17, 2010.

C. On November 7, 2011, the above bank filed an application for a voluntary auction of real estate with the Changwon District Court (hereinafter “auction court”) regarding each of the instant real estate on the following grounds: (a) on November 8, 201, the court rendered a decision to commence voluntary auction on November 8, 201; and (b) on the same day, on November 8, 201, the decision to commence voluntary auction was completed as the receipt of No. 56567 of the above court on November 8, 201.

After the decision to commence the voluntary auction was rendered, the Plaintiff acquired his claim against the non-party bank as collateral against A.

E. On November 29, 2011, the Defendant reported the right of retention, based on which the claim for construction cost of KRW 96 million was created against the above A in relation to the construction work for reinforcement of land for factory on two parcels, including the real estate listed in attached Table 1 (hereinafter “instant real estate”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Of the instant lawsuits, the benefit of confirmation in a lawsuit seeking confirmation as to the legitimacy of the part concerning the claim for confirmation of existence of a lien concerning each real estate listed in the separate sheet 2 and 3 is the subject.