1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The scope of this Court’s trial is first determined as to the scope of this Court’s trial, and the Plaintiff’s claim that the Defendant did not have any right of retention for each of the real estate listed in the separate sheet against the Defendant as the secured claim. The court of first instance dismissed the claim for the confirmation of existence of a right of retention for each of the real estate listed in the separate sheet 2 and 3 among the claims listed in the separate sheet 1, and rendered a judgment against the Defendant regarding the claim for the confirmation of existence of a right of retention for each of the real estate listed in the separate sheet 2 and 3. Since the Defendant appealed only, the part of the claim for confirmation of existence of a right of retention for each of the real estate listed in the separate sheet 2 and 3 is finalized, and the scope to be tried for this case is limited to the claim for the confirmation of existence

2. Facts of recognition;

A. On November 18, 2009, our bank (hereinafter “Korea bank”) concluded that each of the real estate listed in the separate sheet owned by A Co., Ltd. (hereinafter “A”) (hereinafter “A”) shall be created with a maximum debt amount of KRW 1.2 billion and a debtor-based mortgage (hereinafter “each of the instant real estate”). On the same day, the registration of creation of mortgage was completed near the Changwon District Court No. 57342 on the same day.

B. On June 16, 2010, the Defendant concluded a contract with the maximum debt amount of KRW 96 million with respect to each of the instant real estate owned by A, and concluded a contract with the debtor A to obtain the establishment of a collateral security right with the debtor A, and completed the establishment of a collateral security right on June 17, 2010.

C. As our bank failed to repay its obligations to our bank, on November 7, 201, it filed an application for a voluntary auction of real estate with the Changwon District Court (hereinafter “auction Court”) regarding each of the instant real estate with the Jinwon District Court, and on November 8, 2011, the said court rendered a decision to commence voluntary auction on November 8, 201, and accordingly, the said court voluntarily rendered a decision to commence auction as the receipt of the said court on November 8, 201, and as the same day, the said court voluntarily rendered a decision to commence auction.