1. It is confirmed that there is no defendant's lien on the 275m2 in Kimhae-si.

2. The costs of lawsuit shall be.

1. Basic facts

A. On June 3, 2016, the Plaintiff leased D KRW 210,000,000 to D, and obtained the registration of creation of superficies with the title of KRW 234,00,000 with respect to the amount of KRW 275,00 square meters (hereinafter “instant real estate”) from the Changwon District Court, Kim Sea Registry, as the maximum debt amount received KRW 50547, the registration of creation of superficies was completed under Article 50548.

B. On August 24, 2017, the Plaintiff applied for a voluntary auction of real estate to Changwon District Court E with respect to the instant real estate, and received a voluntary decision on commencement of auction (hereinafter “instant auction procedure”) on the 25th day of the same month, and the registration of the decision on commencement of auction was completed on the same day.

C. On March 12, 2018, the Defendant submitted a lien report on F’s claim for construction cost of KRW 70,000,000 (a total of KRW 66,497,650,000,000,000,000,000,000) as the secured claim at the instant auction procedure, and the details are as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff asserts that the defendant did not obtain the consent of the plaintiff who is a person with superficies and did not establish a lien for the defendant since the defendant did not acquire possession of the real estate of this case before the registration date of the decision to commence the auction of this case.

B. The defendant asserts that since the defendant entered into a joint project agreement with D, who is the owner of the instant real estate, and obtained D's approval for use and permission for construction, the basic construction project was carried out as the owner, it has a lien of KRW 66,497,650 as the preserved claim.

3. Determination as to the cause of action

A. A person who acquired a lien after the registration of the decision on commencing auction was made on a certain real estate, cannot claim his/her lien in the auction procedure, and Supreme Court Decisions 2010Da84932 Decided April 10, 2014 and 2005Da22688 Decided August 19, 2005.