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 Plaintiff is a nonprofit corporation established under the Credit Union Act on December 16, 1996, and the Defendant is a corporation with the purpose of manufacturing and selling hump boiler.

B. On July 19, 201, the Plaintiff loaned KRW 380,000,000 to A, and the Plaintiff jointly and severally guaranteed the said loans to the Plaintiff.

On the same day, the Plaintiff entered into a mortgage agreement with the debtor at KRW 500,000,00 with respect to five real estate including each of the real estate listed in the separate sheet owned by A and C (hereinafter “each of the instant real estate”) as a collateral for the said loan. On the same day, the Daegu District Court received on July 19, 201 as the receipt of No. 17297, July 19, 201.

C. A’s failure to repay the above loans, the Plaintiff filed an application for voluntary auction with the Daegu District Court D regarding each of the instant real estate on January 7, 2013, and the said court rendered a decision to commence auction on January 8, 2013, and the registration of the decision to commence auction was completed on the same day.

(hereinafter “instant auction procedure”). D.

On April 12, 2013, the Defendant reported a lien on the ground that the instant real estate was a claim for construction cost of KRW 140,000,000, by constructing an air heat boiler with respect to each of the instant real estate at the auction procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the party’s assertion argues that the Defendant did not possess each of the instant real estate prior to the registration of the entry of the decision on commencing the auction of the instant case, and that the Defendant did not have a claim for the construction cost of KRW 140,000 against C, and therefore there is no right of retention of the Defendant.

On May 9, 201, the Defendant concluded a construction contract with C and C, which establishes up to 140,000,000 won 11 pumps of each of the instant real estate, and completed the construction work.