1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 31, 2008, the Industrial Bank of Korea (hereinafter “the Industrial Bank of Korea”) concluded a mortgage contract with Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) with a Japanese maximum debt amount of KRW 210 million and KRW 700 million, each of the real estates listed in the separate sheet (hereinafter “the instant real estate”) with respect to each of the real estates listed in the separate sheet (hereinafter “the instant real estate”). On April 1, 2008, the registration of the establishment of a mortgage was completed on April 28, 2008 with the Japanese Government District Court, 22352 and 22353, which was received on April 1, 2008. In addition, after entering into a mortgage contract with Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) on April 29, 2008, the registration of the establishment of a mortgage was completed on April 29, 2008 with the above registry office No.29488.

B. On October 18, 2010, when the non-party company did not repay its debt, the non-party bank filed an application for auction of real estate in this court C with respect to the instant real estate based on the right to collateral security as above, and the above court rendered a decision to commence voluntary auction on October 20, 2010.

(hereinafter “instant auction”). C.

However, in the auction procedure of this case, on December 15, 2010, the defendant reported the right of retention to the non-party company, with the claim of KRW 480,764,979 for the construction cost of the real estate of this case.

On the other hand, on December 23, 2010, the Plaintiff received a claim based on the right to collateral security against the non-party company from the non-party company, and the non-party bank notified the non-party company of the fact of transferring its claims on December 24, 2010 and December 27, 2010.

[Reasons for Recognition] Unsatisfy Facts, Gap's entry (including each number, if any; hereinafter the same shall apply) in Gap's evidence, Gap's evidence 1, 2, 3, and 5, the purport of the whole pleadings

2. Determination

A. The summary of the parties' assertion 1 is that the plaintiff's claim for construction price against the non-party company is false, and it is unclear whether the defendant possessed the real estate of this case at the time of the decision to commence the auction of this case, and it is out of the real estate of this case from