A. In order to secure a loan claim against C, the Plaintiff completed the registration of the establishment of a mortgage on each real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) with the Cheongju District Court No. 24879, Jun. 9, 201, as the maximum debt amount, KRW 630,000,000, and the debtor C as the obligor.

B. On March 11, 2013, the Plaintiff filed an application for a voluntary auction of real estate as Chungcheong District Court B with respect to each of the instant real estate, and received a decision to commence voluntary auction from the above court on March 11, 2013, and the entry registration was completed on the same day.

(hereinafter “instant auction procedure”). C.

On May 14, 2013, the Defendant filed a lien report (hereinafter “instant lien”) with the sum of KRW 157,367,130 as secured claim for the costs of civil works and construction costs of factory construction regarding each of the instant real estate at the instant auction procedure.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-2, the purport of the whole pleadings

2. Summary of the defendant's assertion

A. On April 20, 2012, the Defendant filed a lawsuit against C seeking payment of the cost of civil engineering works, etc. for each of the instant real estate (201Gahap1996) with the Cheongju District Court, and the Cheongju District Court rendered a ruling of recommending reconciliation that “C shall jointly and severally with D pay KRW 157,367,130 and delay damages to the Defendant,” and the said ruling of recommending reconciliation became final and conclusive on May 9, 2012, the Defendant’s claim against C, which is the secured claim of the instant lien, exists.

B. The Defendant occupies part of each of the instant real estate by occupying each of the instant real estate.

3. Determination

A. Since the possession under a lien is a requirement for establishment of a lien and a requirement for existence, the right holder, as well as the time of establishment, shall continue to possess the object of the lien, and if such possession is lost, the right of retention ceases to exist.

The Civil Code;