1. It is confirmed that there is no defendant's lien with respect to B forest No. 4,950 square meters in Gwangju City.

2...

1. Basic facts

A. On March 20, 2012, the Plaintiff extended KRW 520 million to C on March 20, 2012, and completed the registration of the establishment of a mortgage over the real estate stated in Paragraph 1 of the Disposition, which was jointly owned by C and D, to secure the loan claim (hereinafter “instant real estate”).

B. On October 17, 2012, at the request of Suwon District Court, on the instant real estate, an auction procedure for exercising the security right (hereinafter “instant first auction”) was commenced and its registration was completed.

C. On February 18, 2014, when the first auction procedure of this case was in progress, the Defendant filed a report on the right as the lien holder with respect to the instant real estate in the above court, asserting that the construction cost of KRW 850,30,000 for G factory expansion works, etc. was not paid KRW 462,000,000,000,000 won.

After that, on May 29, 2014, at the Plaintiff’s request, an auction procedure for exercising the right to collateral (hereinafter “instant auction”) was initiated again for the execution of the instant real estate as Sungwon District Court’s Sungnam Branch H, and its registration was completed. The instant auction application was withdrawn on September 12, 2014, where the instant lawsuit was pending on September 12, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 19 and 23 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion cannot be deemed that the defendant has a claim regarding the real estate of this case, such as the plaintiff did not perform civil engineering works in the real estate of this case and did not exercise his claim for construction price against D.

Moreover, the Defendant did not occupy the instant real estate at the time of the commencement of each of the instant auction proceedings.

The Plaintiff created superficies with regard to the instant real estate along with the right to collateral security. Even if the Defendant occupied the instant real estate, the Plaintiff established superficies.