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A. On March 31, 2016, Korea Agricultural Cooperatives (hereinafter “Korea Agricultural Cooperatives”) filed an application for voluntary auction of the instant real estate based on the right to collateral on each real estate (hereinafter “instant real estate”) recorded in the separate sheet (hereinafter “instant right to collateral”) established as a collateral for the principal and interest of loan against B. On April 1, 2016, Ulsan District Court C rendered a voluntary decision to commence auction on April 1, 2016.

B. On June 29, 2016, the Plaintiff received the principal and interest of the loan from Hanyang Agricultural Cooperatives, and completed the supplementary registration of the transfer of the right to collateral security on July 27, 2016.

C. On October 10, 2016, the Defendant reported on the above auction procedure that “the Defendant has a lien at which the Defendant has a claim for construction price equivalent to KRW 177,480,000 as the secured claim in relation to the construction of the building in this case as to the instant real estate.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. 1) The parties’ assertion 1) The right holder of the construction cost claim asserted by the Plaintiff is not only D but also the Defendant, according to various documents, such as the construction contract, quotation, and business registration certificate, and even if the right holder is the Defendant, the Defendant does not possess the instant real estate. Therefore, the right of retention on the instant real estate cannot be recognized. Therefore, the Defendant is the Defendant’s spouse, who actually operates the business after completing business registration under D’s name.

On September 2016, the defendant notified the owner of the building on September 2016, and then indicated the lien through banner, etc., and started possession by installing a locking device.

Therefore, the defendant has a lien on the real estate of this case.

B. The registration of compulsory decision on commencement of auction has been completed on real estate, such as buildings owned by the obligor.