1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. As to each of the instant immovables owned by C, the registration of creation of a mortgage, which is the maximum debt amount of KRW 650 million on March 20, 199, the debtor C, the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), was completed on March 20, 199, and ② on the 23th of the same month, the registration of creation of a mortgage, which is the debtor H and the National Bank of Korea, was completed on the 23th of the same month.

(hereinafter collectively, each of the above collateral security rights is collectively referred to as the “instant collateral security”).

On October 14, 2013, upon the application of the National Bank on the instant mortgage, the procedure of voluntary auction of real estate (hereinafter “instant auction procedure”) was initiated with the Cheongju District Court D regarding each of the instant real estate on October 14, 2013.

C. During the instant auction procedure, on March 19, 2014, Defendant A reported the right of retention as “creditor of facility cost of KRW 600 million” regarding each of the instant real estate, and ② Defendant B reported the right of retention as “creditor of facility cost of KRW 600 million” on November 19, 2014.

On the other hand, Defendant A is the child of the above C, and the Plaintiff is a corporation that acquired the right to collateral security from the National Bank.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, 3, and 6 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. The lien holder can not claim the successful bidder to pay the secured debt, but may refuse to deliver the real estate which is the object of the auction until his/her secured debt is repaid, so the bidder in the auction procedure can not easily deliver the object of auction from the lien holder after the successful bid. Accordingly, the real estate for the auction purpose is likely to be awarded at the lower price.

As such, the amount of distribution of the mortgagee who applied for auction due to a successful bid at a low price shall be reduced or sold by a large amount of lien declaration compared to the value of the objects of auction.