A. On February 4, 2009, the National Bank Co., Ltd. (hereinafter “National Bank”) completed the registration of the establishment of a neighboring mortgage with respect to the real estate, machinery, and apparatus listed in the separate sheet owned by A (hereinafter “instant gas station”) with the debtor as the maximum debt amount of KRW 1.950 million.

On the other hand, on April 2, 2013, the Credit Guarantee Fund completed the registration of the establishment of a neighboring mortgage with the debtor as to the real estate owned by A, including the gas station of this case, with the maximum debt amount of KRW 26,184,00,000.

B. Since then, the National Bank applied for the commencement of voluntary auction as to the gas station in the instant case to Suwon District Court in accordance with the foregoing collateral security C, and received the decision on commencement of auction on August 6, 2013, and accordingly the registration of commencement of auction was completed following the following day.

On the other hand, the Korea Credit Guarantee Fund filed an application for commencement of voluntary auction as D with the same support based on the foregoing right to collateral security and received a decision on October 15, 2013.

Then, the above C auction procedure was combined in the above D auction procedure, and other support E auction procedure was overlapped, and the auction procedure was conducted.

(hereinafter referred to as the “instant auction procedure” in entirety, which is conducted by combining and overlapping as above.

During the instant auction procedure, the Plaintiff acquired the right to collateral security and the secured claim from the National Bank, and filed a report on the creditor with the court of auction.

On June 12, 2014, the defendant asserted that the above auction court has a claim of KRW 492.8 million by constructing facilities and other facilities among the gas stations of this case, and reported the lien.

【Unsatisfyal grounds for recognition】In the absence of dispute, Gap evidence 2-1, 2, 3, Gap evidence 3-1, 2-2, Gap evidence 7-1, 2, Gap evidence 8-1 through 5, the purport of the whole pleadings and arguments

2. The allegations and judgment of the parties

A. The plaintiff of the parties asserts that the defendant is the secured debt of the right of retention in the auction procedure of this case.