A. On May 19, 2017, the Plaintiff filed a claim for damages equivalent to KRW 49,570,727,958 with C and D (hereinafter “D”) as a co-defendant, and was sentenced to a favorable judgment by public notice on September 8, 2017. The judgment became final and conclusive on September 26, 2017.

(Seoul Central District Court 2017Gahap534790).b

On September 14, 2017, the Plaintiff applied for a compulsory auction of real estate on each of the real estate listed in the separate sheet owned by C and D (hereinafter “instant real estate”) based on the executory exemplification of the judgment in the above Seoul Central District Court 2017Gahap534790 case. On September 15, 2017, Suwon District Court rendered a decision to commence the auction from the Suwon District Court on September 15, 2017.

(1) This Court E, hereinafter “instant decision to commence the auction”).

Attached Form

Currently, in the building indicated in the list (hereinafter “instant building”), a club of “F” is being operated. D.

In the instant compulsory auction procedure on November 9, 2017, the Defendant filed a lien on the instant building by asserting that “G as an operator of F, and on October 16, 2016, concluded a contract for renovation and repair works with the amount of construction cost of KRW 274 million as to the instant building, and completed the construction, but did not receive construction cost of KRW 246 million, and thus, the Defendant occupied the instant building as a means of securing payment from April 2, 2017.”

[Judgment of the court below] The ground for recognition is without a dispute, each entry of Gap evidence 1 through 5 (including branch numbers, if any) and the witness H's testimony and the purport of the whole pleadings

2. The plaintiff's assertion that the defendant had no possession of the real estate of this case as the lien holder prior to the registration of the entry of the decision on commencing auction of this case, and cannot be viewed as currently occupying

Furthermore, since there is no secured debt in relation to the instant real estate and there is no relation with the secured debt, a lien cannot be established for the Defendant’s real estate.

3. Determination

(a) related;