A. B (hereinafter “B”) performed the construction of a multi-family house (attached Form 2; hereinafter “instant building”) (hereinafter “instant construction”) on the ground of the former Northern Zone C located in the former Northern Zone C, and the registration of ownership preservation in B was completed on July 24, 2013 by subrogation registration following a provisional disposition on the instant building.

B. Meanwhile, with respect to the building in the instant case, the Jeonju District Court: (a) No. 19441, Aug. 27, 2013, rendered the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”); (b) the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) and the Plaintiff’s registration of the right to collateral security (hereinafter “the right to collateral security”) was completed on the same day as the registration office, under Article 19442, as of

C. On September 26, 2013, upon the Plaintiff’s application for voluntary auction based on each of the above right to collateral security, this Court rendered a voluntary decision to commence the auction of the instant building, etc. to this court D on September 26, 2013, and the entry registration was completed on the same day.

In the above auction procedure on October 23, 2013, the Defendant alleged that he/she had a claim for the construction cost of KRW 600 million against B, and that he/she occupied the instant building, and filed a lien report thereon.

E. Meanwhile, around April 10, 2014, the Defendant withdrawn the application for voluntary auction of the instant building, etc., and accordingly, the registration of the decision on commencement of auction was cancelled on April 13, 2014.

[Reasons for Recognition] Class B, Nos. 2, 3, 5, 6, 7 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 8 and 11, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion (1) The defendant did not perform construction work on the building of this case, or part of the defendant's house construction work.

Even if there is no secured claim in relation to the building of this case and the related relation with the construction cost received in full, there is no secured claim.

(2) The Defendant occupies the instant building after the completion of the registration of the decision on commencing auction on the instant building.