1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

Basic Facts

A. On November 19, 2010, the private community credit cooperative filed an application for voluntary auction as the mortgagee on the real estate listed in the separate sheet (hereinafter “instant land”) with the Jeonju District Court B on November 19, 2010. The above court rendered a decision to commence auction on November 22, 2010 and completed the entry registration on the same day.

(hereinafter referred to as “instant auction procedure”). (b)

On October 30, 2013, the Plaintiff acquired the secured debt of the above secured debt from the private Saemaul Bank of Korea. On October 22, 2014, the Defendant reported the lien by setting the claim totaling KRW 644,246,381 as the secured debt at the auction procedure of the instant case as the secured debt.

C. On May 30, 2016, the Plaintiff was awarded a bid as a bidder at the date of sale with respect to the instant land, and on June 3, 2016, the Plaintiff completely paid the price on June 29, 2016 upon obtaining a decision to permit the sale from the said court.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 7, 8 (including the number of branches), the parties to the whole pleadings

A. The gist of the Plaintiff’s assertion does not match the instant land subject to the lien with the claim asserted by the Defendant as the secured claim of the lien, and the Defendant did not possess the instant land from November 22, 2010 prior to the completion of the registration of the entry of the decision on commencing auction on the instant land.

Therefore, the defendant's right of retention does not exist, and as the defendant contests this, the plaintiff seeks confirmation.

B. The defendant's summary of the defendant's assertion was from October 2009 to construct a new building on the land of this case, but the defendant did not receive the construction cost from the Construction Corporation, the contractor, even though he did the construction work and the installation work of a sloping beam.

The above contract price claim is the secured claim of the lien, and the defendant has occupied the land of this case from October 2009 to October 2009 while performing the above construction work.

Therefore, the defendant has a right of retention to preserve the above contract price claim.