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. On May 8, 2006, the Plaintiff created the right to collateral security with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) as to the Plaintiff, upon obtaining a loan from the Plaintiff, with respect to the creation of the right to collateral security (hereinafter “the instant real estates”).

After December 3, 2012, B obtained an additional loan from the Plaintiff, and changed the maximum debt amount of the right to collateral security to KRW 2,436,00,000.

Meanwhile, as the registration of destruction was completed on July 20, 2015 on each of the instant real property, the registration of partial extinction of the joint collateral, which excluded the above building from the joint collateral, was completed.

B. As the principal and interest of interest of each of the instant real estate was overdue due to the commencement of voluntary auction procedure B from the Plaintiff, the Plaintiff lost the benefit of time under B, applied for voluntary auction (hereinafter “instant auction”) on each of the instant real estate to the Incheon District Court D, and received a decision to commence voluntary auction on February 19, 2016, and the record was registered on the same day.

C. As to each of the instant real estate during the instant auction procedure in which the Defendant reported the right of retention, the Defendant reported the right of retention to the effect that, on April 18, 2016, the Defendant acquired a right of retention that covers the claim for construction cost of KRW 534,60,000 as the secured claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The parties' assertion

A. The Defendant did not hold a claim for construction price as the secured claim of a lien, and did not occupy each of the instant real estate as of February 19, 2016, the registration of the entry of the decision on commencing auction of the instant case was completed, and therefore there is no Defendant’s lien on each of the instant real estate.

B. In relation to each of the instant real estate, the Defendant shall carry out the construction work equivalent to KRW 160,000,000 and shall pay for the construction work amounting to KRW 31,490,00.