1. It is confirmed that the Defendants’ lien on each real estate listed in the separate sheet does not exist.

2...

Basic Facts

On May 30, 2007, the non-party bank completed the registration of creation of a mortgage on each real estate listed in the separate sheet owned by the non-party C (hereinafter “the instant land”), including the maximum debt amount of KRW 1,080,000,000, and the debtor D.

On December 30, 2014, upon the registration of the establishment of the above neighboring mortgage, our bank filed an application for voluntary auction of the instant land to Daejeon District Court Support E, Daejeon District Court on December 30, 2014, and the decision of voluntary auction was rendered on December 31, 2014, and on the same day, the registration of the entry of the decision of voluntary auction was completed on the instant land.

(hereinafter “instant auction procedure”). On April 2015, the Plaintiff acquired the registration of the establishment of a new bank in the Republic of Korea (hereinafter “the instant auction procedure”). Around April 2015, the Plaintiff acquired a loan claim against D from the Bank of Korea, and the instant land.

On May 20, 2014, Defendant B received a contract from Defendant B for the construction of the housing site for the instant land in the amount of KRW 385,00,000,00, and Defendant A Co., Ltd (hereinafter “Defendant A”) filed a lien report with the auction court by asserting that Defendant A Co., Ltd (hereinafter “Defendant Company”) had the construction of the housing site for the instant land in the process of creating the housing site and that there was KRW 300,712,700, the construction price claim for the instant land in the auction court.

[Ground of recognition] In the absence of dispute against the defendant company: The defendant company's evidence No. 1, Gap evidence No. 2, Eul evidence No. 3-1, No. 2, Eul evidence No. 3-2, the purport of the whole pleadings, and the plaintiff of the parties to judgment as to the plaintiff's assertion that the secured debt of the right of retention claimed by the defendants appears to be false bonds, and although it is not so, the defendants cannot be deemed to possess the land prior to the completion of the registration of the decision to commence the auction of this case. Thus, the defendants' right of retention does not exist.

In this regard, Defendant B has a claim for construction cost against C by constructing the housing site on the instant land.