A. On November 2, 2016, C Co., Ltd. completed on November 2, 2016 the registration of the establishment of a mortgage with the debtor D and the maximum debt amount of KRW 1,950,000,000 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. The Plaintiff filed an application for voluntary auction (Ulsan District Court E) with respect to each of the instant real estate, and the Defendant has a claim for construction cost of KRW 160 million with respect to each of the instant real estate, and filed a lien report at the above auction procedure.

[Reasons for Recognition] Each entry of Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Determination:

(a) Where any article or securities of another person are due, the person who possesses such article or securities shall have the right to retain such article or securities until the payment thereof is made;

(Article 320 of the Civil Act). (b)

Since the possession of lien holder is the requirement for establishment of lien as stipulated in Article 320 of the Civil Act, and the defendant has no possession of each of the real estate in this case, there is no room for the defendant to establish a lien on each of the real estate in this case.

C. Therefore, the Plaintiff’s claim seeking confirmation that the Defendant’s lien on each of the instant real estate did not exist is justified.