A. On December 4, 2013, in relation to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is owned by Gininsan City Co., Ltd. (hereinafter “Seoul District Court”), the NH Bank had obtained registration of establishment of a collateral security (hereinafter “B”) with regard to the real estate (hereinafter “instant real estate”), the registration of voluntary commencement of auction was completed on July 30, 2015, based on the foregoing collateral security (hereinafter “instant real estate”). On July 27, 2015, the registration of voluntary commencement of auction was completed on the same day.

(hereinafter “instant auction procedure”).

B. On September 24, 2015, NongHyup Co., Ltd. transferred the aforementioned collateral security and secured debt to the Plaintiff, registered the transfer with the Financial Supervisory Service, and notified Minsan on September 25, 2015.

C. On October 8, 2015, at the instant auction procedure, the Defendant reported the right of retention with the amount of KRW 300,000,000,000 in the balance of the construction cost to Ginsan as the secured claim regarding the instant real estate.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 4 and 8 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant did not possess the real estate of this case prior to the decision to commence the voluntary auction, so there is no lien on the real estate of this case to the defendant.

B. The Defendant asserted that the construction cost of the instant real estate was KRW 520 million, which was determined as KRW 520 million on November 201, 2012, the Defendant concluded a contract for retaining walls construction, factory warehouses construction, road construction, access roads and factory finishing construction, ancillary civil engineering construction, and drainage construction, but the Defendant did not receive KRW 300 million out of the construction cost, and it occupied the instant real estate from July 2015 to October 201.