1. There is no lien between the defendant (appointed party) and the appointed party with respect to each real estate listed in the separate sheet.

1. Basic facts

A. On November 6, 2008, the Seocho-gu Agricultural Cooperative completed the registration of establishment of each of the real estates listed in the separate sheet owned by B (hereinafter “each of the instant real estates”) on the establishment of a mortgage over the maximum debt amount of KRW 2,470,00,000 (hereinafter “registration of establishment of each of the instant real estates”) in order to secure the loan claims against B.

B. On April 27, 2011, the Seogu Agricultural Cooperative filed an application for a voluntary auction to the Incheon District Court C with respect to each of the instant real estate based on the instant collective security right (hereinafter “instant auction procedure”), and received a voluntary decision on commencement of auction from the said court. On the same day, the registration of the decision on commencement of auction was completed each of the instant real estate (hereinafter “registration of the decision on commencement of auction”).

C. On June 29, 2012, the Plaintiff acquired each of the instant secured claims from the Seocho-Seoul Agricultural Cooperative, and filed a report on the creditor’s transfer to the above auction court.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (appointed parties, hereinafter “the Defendant”) and the designated parties do not possess each of the instant real estate, and they do not hold any claim arising from each of the instant real estate. As such, there is no lien between the Defendant and the designated parties regarding each of the instant real estate.

B. Since the Defendant’s assertion and the designated parties completed the construction of each of the buildings listed in the separate sheet 3 and 5 from B, they have a claim for the construction cost of each of the instant real estate. Since each of the instant real estate was occupied at the time of completion of the said construction, they hold a lien on each of the instant real estate.

3. A person who acquired a lien only after the registration of the decision on commencing auction on any real estate was made.