Attached Form

The defendant who takes 500,000,000 won as the secured claim for the construction cost of the real estate indicated in the list.

1. Basic facts

A. On November 8, 2018, the Plaintiff entered into a mortgage agreement with C as to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 756,00,000,00 with respect to the pertinent real estate. On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage and the creation of a superficies with respect to the instant real estate as prescribed by Articles 121906 and 121907, which were received on November 8, 2018.

B. C did not repay the secured debt of the foregoing establishment registration, and on September 6, 2019, the Plaintiff filed an application for auction of the instant real estate with the Government District Court D on September 6, 2019. On September 9, 2019, the said court rendered a decision to commence voluntary auction on September 9, 2019, and on the same day, the registration of the decision to commence voluntary auction was completed on September 9, 2019 with respect to the instant real estate as the Namyang-gu District Court’s Seoul District Court’s receipt of September 9, 20

C. On November 13, 2019, the Defendant submitted a lien report with the aggregate of KRW 731,616,933 as the secured claim in respect of the instant real estate to the Jung-gu District Court.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the right of retention reported by the Defendant on November 13, 2019 did not exist and the Defendant did not possess the instant real estate. The Defendant asserted that the Defendant, while constructing a new multi-household house on the instant real estate on its land, did not receive the construction cost, did not exercise the right of retention.

B. The requirements for establishing a lien and the possession, which is the requirements for existence of a lien, refers to the objective relationship that appears to belong to the factual control of that person under social norms, and at this time, factual control is not limited to the physical and practical control of the object, but rather to the object.