1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

1. Basic facts

A. The Nonghyup Bank Co., Ltd. completed the registration of the establishment of a neighboring real estate (hereinafter “each real estate of this case”) listed in the separate sheet as security for loans, while granting loans to Spos Construction Co., Ltd.

B. When the NongHyup Bank was unable to receive the above loans, on October 29, 2013, it filed an application for a voluntary auction of real estate regarding each of the instant real estate with the Jung-gu District Court A, and the said court rendered a voluntary decision to commence auction on October 31, 2013 (hereinafter “instant auction procedure”), and on the same day, the registration of the voluntary decision to commence auction of each of the instant real estate (hereinafter “registration of the decision to commence voluntary auction”) was completed.

C. On April 22, 2014, the Defendant asserted that the instant auction procedure was the lien holder holding a claim equivalent to KRW 440,000,000 for the construction cost of each of the instant real estate, and submitted a lien report on each of the instant real estate as the secured claim.

The Plaintiff acquired the right to collateral security on each of the instant real estate from the Nonghyup Bank Co., Ltd. after the decision to commence voluntary auction.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 25, Gap evidence 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is doubtful as to whether the defendant actually performed the construction work and road construction work of each real estate of this case, and does not possess each of the real estate of this case from the time of the registration of the decision to commence the voluntary auction of this case. Thus, the defendant does not have the legitimate lien holder of each of the real estate of this case.

B. On May 25, 2012, the Defendant’s assertion entered into a contract on the creation of a site for each of the instant real estate and road civil engineering works with the NAS Trade Co., Ltd. and concluded the said contract.