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 Plaintiffs completed the registration of the establishment of a neighboring mortgage on each of the real estate listed in the separate sheet No. 1/2 owned by B and C in order to secure their claims against B and C on March 21, 2011 (hereinafter “instant land”).

The maximum debt amount of the mortgagee-mortgage B 2.2 billion won against the obligor of the right to collateral security, the plaintiff Cho Young-chul Credit Union B 1.3 billion won against the obligor of the right to collateral security, and C 2.2 billion won against the obligor

B. On April 3, 2013, upon the application of the Plaintiff Jinjin Korea Credit Cooperative, the voluntary auction procedure for the instant land (hereinafter “instant auction procedure”) was initiated as D of this Court, and the entry of the decision on voluntary auction was completed on the same day.

C. On November 1, 2013, the Defendant filed a lien report with the above auction court by asserting that the construction cost was not paid in KRW 825 million, while implementing civil engineering works and restoration works, etc. on the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, and 4 evidence 1, 2, Gap evidence 3-1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant concluded a civil engineering contract with the Plaintiffs on the instant land between B and C and completed the construction, there was no claim for the construction cost as to the instant land, and since the Defendant did not occupy the instant land prior to the completion of the registration of the entry of the decision on commencing auction on the instant land, there was no right of retention for the Defendant.

B. On November 10, 2012, Defendant: (a) was awarded a contract for complex rearrangement works, mountainous district restoration works, retaining walls, and reinforcement works with respect to the instant land by Defendant B and C; and (b) completed mountainous district restoration works, the instant auction procedure was commenced and the construction was suspended; and (c) the instant land was occupied from November 10, 2012, which was the commencement date of the construction; and thus, (d) the instant land has been occupied until now.