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. On December 28, 201, the Gun North Agricultural Cooperative completed the registration of establishment of a neighboring maximum debt amount of KRW 572,00,000 regarding each real estate listed in the separate sheet (hereinafter “instant real estate”) on December 28, 201.

(Attachment 6, 7 Real Estate was added to the Joint Security on January 4, 2016). (B)

On May 11, 2016, the registration of the voluntary decision on commencement of auction was completed on the instant real estate by the military agricultural cooperative North Korea filed an application for the commencement of auction.

C. On July 22, 2016, the Plaintiff completed the supplementary registration of the transfer of the right to collateral security on the ground of the transfer of the finalized claim on June 29, 2016, with respect to the registration of the establishment of each of the preceding mortgages that was completed by the military agricultural cooperative in North Korea on the instant real estate.

On August 2, 2016, the Defendant reported the lien on the instant real estate by setting the claim for construction cost of KRW 300 million against C, a stock company, the owner of the instant real estate, as the secured claim at the above auction procedure.

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

2. The assertion and judgment

A. The Plaintiff asserts that there is no preserved claim since the Defendant did not confirm the fact that the Defendant performed construction on the instant real estate, and that there was no right of retention of the Defendant as to the instant real estate since before May 11, 2016, which was the date on which the decision on commencing auction was entered, there was no possession of the instant real estate until now.

B. The right of retention is a so-called “legal security right,” which arises from an objective requirement prescribed by the law, and the creditor must possess the object of retention in order for the creditor to exercise the right of retention.

(Article 320 of the Civil Act). However, the defendant is the person who does not possess the real estate of this case as well as at the time of the registration of the entry of the decision to commence voluntary auction, and the defendant is the person who holds the right of retention.